Hukum Chand Deswal

Versus

Satish Raj Deswal

(Contempt Petition Civil No. 591/2019 in Special Leave Petition Civil No. 5350/2019)

Provisions Involved

Article 227 of Constitution

Facts

There were large numbers of petitions under this case. The respondent was supposed to vacate the suit premises and was also made liable for the payment of all the outstanding which were due but the respondent failed to do so and disobeyed the Court. This case was disposed of on the basis of the settlement between the parties. The respondent was ordered to vacate the house and was made to pay the due amount also. In this the respondent damaged the property while leaving the premises. On the other hand the respondent had filed the suit against SPLASH Island Ltd. against the Deswal’s as they were infringing the trademark acquired by the respondent. The SLP in this case was dismissed by the Court. The HC stated that there were no dues outdated which were payable to the petitioner. 


Issues

Observations

Jhareswar Prasad & Anr v. Tarak Nath Ganguly & Ors. : the court was not entitled to enter into the question which has not been dealt with and decided the violation alleged by the applicant. 


Held

The judgement was pronounced stating that the questions relating to this are left to be decided by the respective court as per law. And the SC disposed interlocutory application, contempt petition and discharged notice issued to the respondent.