Iti Limited, Naini Unit v. Shrikant Chaturvedi and 8 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 4009 of 2025 Court No. - 1 HON'BLE NEERAJ TIWARI, J.

¶1Heard Sri Markandey Rai along with Sri Sandeep Kumar Rai, learned counsel for applicant, Sri Hari Om Sharan Tiwari, learned counsel for opposite party no. 1, Sri Chandra Shekhar Rai, learned counsel for opposite party no. 3 and Sri Vidya Kant Tripathi, learned counsel for opposite party nos. 2, 4, 5, 6, 7, 8 & 9.

¶2Case was heard on 25.09.2025 and Court has passed following order; "1. Heard Sri Markandey Rai, learned counsel for applicant, Sri Hari Om Sharan Tiwari, learned counsel for opposite party no. 1, Sri Chandra Shekhar Rai, learned counsel for opposite party no. 3 and Sri Vidya Kant Tripathi, learned counsel for opposite party nos. 2, 4, 5, 6, 7, 8 & 9.

¶2Case was heard on 10.09.2025 and Court has passed following order:- "1. Heard learned counsel for the applicant.

¶2Case was heard on 13.8.2025 and Court has passed following order; "1. Heard Sri Markandey Rai along with Sri Pradeep Kumar Rai and Sri Sandeep Kumar Rai, learned counsel for the applicant.

¶2Issue notice to the opposite party nos. 1 to 9 fixing 10.09.2025 to explain as to why contempt proceedings should not be initiated against him for violation of the order passed by this Court.

¶3Learned counsel for the applicant is directed to supply the copy of this application to contempt section within a week.

¶4List this case on 10.09.2025.

¶5On that date, liberty is given to the applicant to make a mention." Versus Counsel for Applicant(s) : Markandey Rai, Pradeep Kumar Rai, Sandeep Kumar Rai Counsel for Opposite Party(s) : Chandra Shekhar Rai, Hari Om Sharan Tiwari, Vidya Kant Tripathi Iti Limited, Naini Unit .....Applicant(s) Shrikant Chaturvedi And 8 Others .....Opposite Party(s)

¶3As per office report dated 9.9.2025, notice has been served upon the opposite parties.

¶4Pursuant to the order of this Court dated 13.8.2025, neither affidavit has been filed nor opposite parties are present before this Court.

¶5Under such facts of the case, let bailable warrant be issued to opposite parties through Chief Judicial Magistrate, Prayagraj ensuring their presence on the next date fixed.

¶5List this case on 25.9.2025.

¶6Registrar (Compliance) is directed to send a copy of this order to Chief Judicial Magistrate, Prayagraj forthwith for compliance."

¶3Despite order of this Court, non of the opposite party is present before the Court today.

¶4Learned counsel for applicant submitted that till date possession has not been handed over to the applicant.

¶5When the Court was inclined to issue non-bailable warrant against the opposite parties, at this stage, Sri Hari Om Sharan Tiwari, Sri Chandra Shekhar Rai and Sri Vidya Kant Tripathi, learned counsels for opposite parties have given statement before the Court that possession of the house in question shall be handed over to the applicant tomorrow i.e. 26.09.2025 by 10:00 AM.

¶6Under such facts, put up this case tomorrow i.e. 26.09.2025 at 12:45 PM. In case possession is not handed over to the applicant, Sri Markandey Rai, learned counsel for applicant shall apprise the Court, failing which, Court shall proceed to pass appropriate order. "

¶3Today, learned counsels for opposite parties informed that order of Writ Court has been complied with and possession has also been given to the applicant.

¶4Learned counsel for the applicant has produced instruction dated 26.09.2025, which is taken on record. Based upon instruction, he could not dispute the aforesaid facts.

¶5Under such facts of the case, no further order is required to be passed.

¶6Accordingly, file is consigned to the record. September 26, 2025 Arvind CAPL No. 4009 of 2025 (Neeraj Tiwari,J.) High Court of Judicature at Allahabad