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JAYASHREE PRASAD VS. SAAT – Supreme Court Order dated 9/12/2014

 ITEM NO.2                              COURT NO.8               SECTION XII

                                   S U P R E M E C O U R T O F     I N D I A
                                           RECORD OF PROCEEDINGS

     CONMT.PET.(C) No. 395/2014 In SLP(C) No. 27620/2012

     AUROBINDO ASHRAM TRUST                                              Petitioner(s)

                                                     VERSUS

     JAYASHREE PRASAD & ORS.                                             Respondent(s)
     (With office report)


     Date : 09/12/2014 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE RANJAN GOGOI
                             HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

     For Petitioner(s)                  Mr.   Sanjay Parikh,Adv.
                                        Ms.   Mamta Saxena,Adv.
                                        Mr.   A.N. Singh,Adv.
                                        Mr.   Ritwik Parikh,adv.
                                        Ms.   Anitha Shenoy,Adv.

     For Respondent(s)

                              UPON hearing the counsel the Court made the following
                                                 O R D E R

                                   The contempt petition is disposed of in terms of
                         the signed order.


                      (MADHU BALA)                                 (ASHA SONI)
                      COURT MASTER                                 COURT MASTER
                       (Signed order is placed on the file)


Signature Not Verified

Digitally signed by
Madhu Bala
Date: 2014.12.09
17:54:08 IST
Reason:
                    IN THE SUPREME COURT OF INDIA
                    CIVIL ORIGINAL JURISDICTION

           CONTEMPT PETITION (CIVIL) NO. 395 OF 2014

                                  IN

         SPECIAL LEAVE PETITION (CIVIL) NO. 27620 OF 2012


AUROBINDO ASHRAM TRUST                           ...PETITIONER(S)
  
                                     VERSUS

JAYASHREE PRASAD & ORS.          ..ALLEGED CONTEMNOR/RESPONDENT(S)


                             O R D E R


               Heard learned counsel for the parties and

     perused the relevant material.

               By    Order   dated     29th    April,   2014 while dismissing 
the special leave petition filed by the respondents, this Court had granted time 
until 31st July, 2014 to the respondents (Petitioners in the SLP) to vacate 
the premises in question subject to certain conditions including the filing of 
an undertaking, inter  alia, to the effect that the respondents will vacate 
the premises on or before 31st July, 2014.

                                                        ...2/-
                                 -2-

           In terms of the aforesaid order, the five respondents had filed their 
respective undertakings to vacate the premises situated at Sri Aurobindo Ashram, 
" Ambabhikshu House", No. 33, Dr.Ambedkar Street,  Kuruchikuppam, Pondicherry-605012 
on or before 31st July, 2014.

           The premises having  not been  vacated as ordered and undertaken this contempt 
petition has been filed. As despite service of notice, the respondents had not appeared 
and had not filed any counter affidavit, bailable warrant of arrest was directed to be 
issued against each of the respondents and the matter  was posted on 2nd December, 2014. 
It is stated upon execution of the warrant of arrest directed by this Court, the Respondent 
Nos. 4 & 5 had appeared on 2nd December, 2014. For reasons that need not detain us the 
matter was deferred for hearing today i.e. 09.12.2014.

                                                       ...3/-
                             -3-

          Not only the order of this Court dated 29 th April, 2014 is clear and unambiguous, 
in fact, the respondents have undertaken to vacate the premises
in terms of the aforesaid order on or before 31st July, 2014 and have filed their respective 
undertakings before this court on 7th May, 2014. Despite the above, as the respondents have 
not vacated the premises. Violation of this Court's order referred to above, therefore is clear.

Accordingly, we direct the respondents to vacate the said premises within seven days from today 
failing which, we direct the jurisdictional Police Station viz. All Mahila Police Station, 
Pondicherry, to evict the respondents from the premises viz. Sri Aurobindo Ashram, 
"Ambabhikshu House", No. 33, Dr.Ambedkar Street, Kuruchikuppam, Pondicherry- 605012. 
Beyond the above, we do not consider it necessary to issue any further orders in the Contempt Petition.


                                                  ...4/-
                           -4-

         The contempt petition is disposed of accordingly.



                                           .......................J.
                                           [RANJAN GOGOI]


NEW DELHI                                  .......................J.
9TH DECEMBER, 2014                         [ROHINTON FALI NARIMAN]

Source: http://courtnic.nic.in/supremecourt/temp/3952014209122014p.txt

 

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