SANT LAL GUPTA & ORS. versus UMESH KUMAR JAIN & ORS.

Citation: [2019] 7 S.C.R. 506 · Decided: 08-05-2019 · Supreme Court of India · Bench: UDAY UMESH LALIT · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 7 S.C.R.
SANT LAL GUPTA & ORS.
v.
UMESH KUMAR JAIN & ORS.
(Contempt Petition (Civil) Nos.1505-1506/2017
in
(Special Leave Petition (Civil) Nos.10375-10376 of 2017)
MAY 08, 2019
[UDAY UMESH LALIT AND SANJAY KISHAN KAUL, JJ.]
Cooperative Society – Modern Cooperative Group Housing
Society had approved strength of 211 members – 27 members were
expelled including the present contempt petitioners – 15 new members
including the alleged contemnors were inducted against the
vacancies – Expulsion of those 27 members was challenged and
finally Supreme Court accepted their claim and directed their
adjustment against the unallotted flats – Newly inducted members
including the alleged contemnors approached Supreme Court –
Directed to move the Administrator/Registrar,Cooperative Societies
– Registrar, Cooperative Societies vide order dtd. 24.02.12 set aside
the allotment of flats to them and directed re-admission of 14 persons
as members of the Society – Order challenged before the High Court
– Rejected – Special leave petitions dismissed by Supreme Court,
however liberty granted to the petitioners to file undertakings to
vacate the apartments in their occupation – Undertakings filed –
Present contempt petitions filed alleging that despite undertakings
the alleged contemnors failed to vacate the apartments in question
– Order passed by Supreme Court on 10.01.19 – Affidavits filed by
the alleged contemnors indicating their willingness to deposit Rs.30
lakhs, for construction of a new building in the society, as stated in
the said order – Held: Contemnors violated the orders passed by
Supreme Court as despite having furnished the undertakings they
failed to vacate and hand over possession – But there are certain
equities in their favour – They were inducted as members not
clandestinely but against the resultant vacancies after expulsion of
certain members, they paid all the instalments in time, on the basis
of such instalments paid by the members including the alleged
   [2019] 7 S.C.R. 506
506
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contemnors, the construction was completed and they were put in
possession of the apartments soon thereafter –In view of the reports
made by the Architect a new building can be constructed with 18
apartments– Alleged contemnors to vacate their respective
apartments – Apartments so vacated be allotted to those persons
who were directed to be re-admitted as members in order dtd. 24.02.12
– Each of the alleged contemnors, if he or she desires to have a
new apartment in the newly erected building, shall deposit Rs.10
lakhs with the Administrator,Cooperative Societies – Further
directions passed.
Disposing of the Contempt Petitions, the Court
HELD:  1.1 The alleged contemnors violated the orders
passed by Supreme Court and despite having furnished
appropriate undertakings, failed to vacate and hand over
possession.  But there are certain equities in their favour; in that
they were inducted as members not clandestinely but against the
resultant vacancies after expulsion of certain members, that they
had paid all the instalments in time, that on the basis of such
instalments paid by the members including the alleged contemnors
the construction was completed, and that they were put in
possession of the apartments soon thereafter.  It is only as a
result of the expulsion orders of the contempt petitioners getting
set aside that the alleged contemnors have to vacate their
apartments and make way for the contempt petitioners. The
society had raised amounts and was benefited from two sets of
persons that is the alleged contemnors as well as the contempt
petitioners and the fact of the matter is that the society is presently
having funds to the tune of more than Rs.4 crores. Going by the
reports made by the Architect a new building can be constructed
with 18 apartments, which means that after satisfying the
requirements of all the alleged contemnors there will still be some
apartments left, from the sale of which money for construction
can be garnered. Furthermore, according to the Architect, within
the FAR available to it, the society can construct such new
building. The Municipal Corporation of Delhi has also in principle
agreed that if FAR is available, the authority would not have any
objection to grant permission for construction of a new building.
[Paras 10, 11] [519-A-F]
SANT LAL GUPTA & ORS. v. UMESH KUMAR JAIN & ORS.
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1.2 I

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