MRS. SURINDER CHANDOK v. MR. TUSHAR GIRINATH

M/S GOVIANU WEALTH MANAGEMENT PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT: GOVIANU OFFICE, No.385, 13TH CROSS, SADASHIVANAGAR, BANGALORE-560080. REPRESENTED BY ITS DIRECTOR, MR. MAHESH G., (BY SRI P.K. PRADEEP KUMAR, ADVOCATE FOR A7 TO 14 …ACCUSED THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURT ACT, 1971, AND THE CONTEMPT OF COURT PROCEEDINGS RULES, 1987 R/W ARTICLE 215 OF THE CONSTITUTION OF INDIA R/W SECTION 151 OF CPC, - 5 - NC: 2024:KHC:24788-DB CCC No. 508 of 2024 INITIATE 1908, BY THE COMPLAINANT, PRAYING TO APPROPRIATE CONTEMPT PROCEEDING AGAINST THE ACCUSED No.7 TO ACCUSED No.15 FOR DELIBERATE DISOBEDIENCE OF THE ORDER DATED 03.04.2024 OF THIS HON’BLE COURT IN W.P.No.6499/2024 (ANNEXURE - D) AND COMPEL THE ACCUSED No.1 TO ACCUSED No.15 TO COMPLY COMPLIANCE OF THE ORDER OF THIS HON’BLE COURT DATED 03.04.2024 IN W.P.No.6499/2024 (ANNEXURE - D). THIS CCC COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN, AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) This contempt under Sections 11 and 12 of the Contempt of Courts Act, 1971 complaining disobedience by the respondents of the order in W.P. No.6499/2024 dated 03.04.2024. The order reads as under:

[a] The petition is disposed of directing the private respondents not to put up any further construction in the subject property unless they avail their statutory remedy against the Provisional/Confirmation Order under Section 253 of the BBMP Act. [b] The private respondents will be at liberty to file an interim application in the appeal proceedings for leave to continue with the construction during the the Appellate pendency of such appeal, and - 6 - NC: 2024:KHC:24788-DB CCC No. 508 of 2024 the same after due Authority shall consider opportunity to all the concerned, including the petitioner herein. [c] The Appellate Authority, however, shall take an expedited decision within a period of sixty [60] days from the date of such appeal/application. In the its Officials are meanwhile, restrained to demolish standing structure respondents' property.

the BBMP and taking action the private

2. On service of notice, respondents/accused Nos.7 to 14 have filed affidavit sworn by accused No.14. The relevant paragraph of the affidavit reads as under, “5.

6. I respectfully state that Accused No.7 to 14 or the developer has not disobeyed the order in 6499 of 2024 by putting up any additional construction. The allegations made by the complainant in this petition are false and made with oblique motives. I further state that Accused No.7 to 14 had stopped immediately upon knowing the interim order in the said petition itself. the construction I respectfully state that as the rains were to begin the open walls in the property was whitewashed to save from corrosion. The marble required in the project when delivered is indeed unloaded and stored in the project site as the materials require space that is not available elsewhere.”

3. The complainant has produced photographs reflecting the status of the construction of the building in question at Annexure-L series. It is stated that the said photographs are taken few days prior to date of filing the writ petition. The complainant has further - 7 - NC: 2024:KHC:24788-DB CCC No. 508 of 2024 produced photographs at Annexure-E series to contend that construction activity has been carried out by the complainant in disobedience of the order in W.P. No.6499/2024 dated 03.04.2024.

4. The writ petition has been preferred on 23.02.2024. The order of the learned Single Judge is dated 03.04.2024. On comparison of photographs at Annexure-L series and Annexure-E series it can hardly be said that any major structural changes have been made.

5. Further, respondent/accused Nos.7 to 14 have filed an affidavit stating that no construction activity has taken place after the order of the Court. It is further stated that in order to protect the walls from the rain, whitewash is carried out. The marble required in the project was delivered in the meantime and the same is stored in the project site. It is stated that except this no other activity is carried out in the building in question.

6. It is further stated that the respondent/accused Nos.7 to 14 shall continue to abide by the statement made at paragraph No.5 of the affidavit in compliance of the order dated 03.04.2024 in W.P. No.6499/2024. - 8 - NC: 2024:KHC:24788-DB CCC No. 508 of 2024

7. This Court on perusal of the photographs referred to above and the affidavit filed by respondent/accused Nos.7 to 14, is of the view that there is no violation of the order in W.P. No.6499/2024 dated 03.04.2024 much less willful disobedience. This Court is not inclined to entertained the contempt petition.

8. The contempt proceedings are dropped. Sd/- CHIEF JUSTICE Sd/- JUDGE VBS List No.: 1 Sl No.: 29