IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH.

C.O.C.P.NO.

/2015

Harbhajan Singh

Petitioner
Versus

Gurminder Singh
Respondent
I N D E X
Sr.
No.

Particulars.

Date

1.

COCP.

.08.2015

2.

Affidavit.

.08.2015

Pages

Court
fee.

ANNEXURES:
3.

P-1(Copy
Statement)

of

4.

P-2 (Order)

5.

Power of Attorney

the 15.07.2014
15.07.2014

Total:

Chandigarh.
Dated: .10.2015

(ADITYA SHARDA & PIYUSH KHANNA)

ADVOCATES
Enrl.No.P-0734/2011&P/1685/2012
Counsels for the Petitioner.

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH.
C.O.C.P.NO.

/2015

Harbhajan Singh

Petitioner
Versus

GURMINDER Singh
Respondents
Total Court Fee Rs.

Chandigarh.
Dated: .10.2015

(ADITYA SHARDA & PIYUSH KHANNA)

ADVOCATES
Enrl.No.P-0734/2011&P/1685/2012
Counsels for the Petitioner.

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH.

C.O.C.P.NO.

/2015

Harbhajan Singh s/o Sh. Mahinder Singh R/o Dua

Bhawan, Mohalla Mohammad Zai, Shahjahanpur (UP)
Petitioner
Versus
Gurminder Singh S/o Sh. Manmohan Singh R/o House
No. 2931, Sector 37 C, Chandigarh.
Respondents

Contempt Petition under Sections 10

& 12 of the Contempt of Courts Act,
1971 for breach of undertaking given
in the Court of District Judge cum
Appellate Authority Chandigarh under
the

East

Punjab

Urban

Rent

Restriction Act dated 15.07.2014 in

RA 131/2013.

RESPECTFULLY SHOWETH:
1.

That

the

petitioner

is

an

owner

and

landlord of the premises 1st floor of SCO No.

321, Sector 40-D, Chandigarh and has filed the
case

for

the

eviction

of

the

tenant

on

the

grounds of Subletting & for making additions &

allterations.
2.

That

the

Ld.

Trial

court

ordered

the

eviction vide order dated 08/05/2013.

3.

That

against

the

order

of

the

Ld.

Trial

Court, an Appeal has been filed before the Ld.

District Judge.
4.

That

during

the

course

of

hearing,

the

respondent undertook to vacate the premises on

or before 31.07.2015 and further undertook to
continue to pay rent every month by 7 th till the
period

of

possession.

He

also

promised

to

deposit all the arrears of rent. A copy of the

statement of the respondent dated 15.07.2014 is
annexed as Annexure-A for kind perusal.
5.

That

on

the

statement/undertaking

basis
of

the

of

aforesaid

respondent,

the

matter had been disposed off by the Ld. District

Judge vide order dated 15.07.2014. A copy of the
order

is

annexed

consideration.

as

Annexure-B

for

kind

6.

That

in-spite

of

constant

reminders

and

requests, the petitioner failed to adhere to the

undertakings

so

made

by

him.

He

has

neither

vacated the premises on the date so promised nor

has

paid

the

arrears

of

rent

till date amounting to Rs

7.

due

from

/-

That the act of the respondent clearly

shows and establishes the total disregard to the

undertakings given in the Court. The respondent
has acted in gross violation of the undertakings
given in the Honble Court.
8.

That

the

breach

of

the

undertakings

given in the Honble Court is a glaring instance

of contempt of court as defined under Sections10 and 12 of Contempt of Courts Act, 1971. The
respondent
given

in

Chandigarh

has
the

not

fulfilled

Court

of

intentionally

the

Ld.
and

undertakings

District
to

Judge,

frustrate

and

harass the petitioner.

9.

That

above,

it

in
is

view

of

the

emphatically

facts
clear

narrated
that

the

respondent is guilty of committing contempt of

the order dated 15.07.2014 passed by the Court

of

Ld.

the

District

Judge,

respondents

need

Chandigarh.
to

be

Therefore,

called

upon

to

suitably punish so that the majesty of law is

not allowed to be undermine. The respondent be
called, punished and convicted for the severance
possible punishment as they have intentionally
committed this contempt.
It

is,

therefore,

respectfully

prayed

that the present petition may kindly be allowed

and the respondent may kindly be summoned, tried
and deterrent punishment be awarded to him for
willful

and

intentional

disobedience

of

the

undertaking given in the Court of Ld. District

Judge under Section 10 and 12 of the Contempt of
Courts Act, 1971.
Note:

Affidavit attached.

Chandigarh.
Dated: .10.2015

(ADITYA SHARDA & PIYUSH KHANNA)

ADVOCATES
Enrl.No.P-0734/2011&P/1685/2012
Counsels for the Petitioner.

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH.
C.O.C.P No.

/2015

Harbhajan Singh

Petitioner
Versus

Gurminder Singh
Respondent
Respondents.
Affidavit

of

Harbhajan

Mahinder

Singh

R/o

Singh

Dua

Sh.

Bhawan,

Mohalla Mohammad Zai, Shahjahanpur

(UP).
I, the above named deponent do hereby
solemnly affirm and declare as under:1.

That the deponent is filing the above

noted contempt petition in this Honble court

which

is

likely

to

succeed

in

view

of

the

grounds taken therein. The grounds taken in the

contempt petition may kindly be read as part of
this affidavit.
2.
contents

That the deponent has gone through the

of

the

Contempt

Petition,

which

are

true and correct to his knowledge and the same

are not being repeated for the sake of brevity.

3.

That the deponent has not filed any such

or similar petition either in this Honble Court

or in the Honble Supreme Court of India.
Place:
Dated:

.10.2015

Deponent.

VERIFICATION:
Verified that the contents of my above
affidavit are true and correct to my knowledge.
No part of it is false and nothing has been
concealed therein.

Place:
Dated:

.10.2015

Deponent.