Present : Mr. V.N. Kaura with Ms. Paramjeet Benipal, Advocates for
the plaintiff.
Dr. A.M. Singhavi, Mr. Rajiv Nayar, Mr. Sandeep Sethi, Mr. Jayant
Nath, Sr. Advocates with Jaiveer Shergill, Mr. L. Nidhi Ram Sharma and Mr.
Virender Singh Thakur, Advocates for the noticees.
I.A. No.184/2009 (of the plaintiff under Order 39 Rule 2A of the CPC) in
CS(OS) No.2387/2008 and I.A.No. 182/2009 (of the plaintiff u/o 39 R 2A CPC) in
CS(OS) No. 2388/2008
The noticees/non applicants are present in person as directed on 9th
January, 2009. The senior counsels appearing for the non applicants/notices
state that the non applicants bonafide regret breach/violation of order of this
court and realize their mistake and for this reason only have appeared even
without service of notice on all of them and do not want to give any explanation or justification and tender unconditional apology and will in future not violate any order of the court. It is further stated that for this reason only, they on 9th January, 2009 itself withdrew the strike. It is further stated that the breach/violation occurred in the heat of the moment and owing to the circumstances suddenly developed owing to a large number of persons having collected together.
The counsel for the applicant/plaintiff has also been heard. I am satisfied that the apology tendered is remorseful and from the heart. The breach of injunction of this court appears to have occurred because of a mob mentality. The noticees are but the office bearers of the Associations which were injuncted. The breach/violation was in fact on part of all/most members of the Association. Even though it is the contention of counsel for plaintiffs/applicants that the noticees are the persons responsible for breach/violation of order of this court, in view of the breach having been rectified immediately on issuance of notice of these applications and the apology tendered today and following the principle that mercy bear richer fruits than strict justice, I accept the apology and discharge the noticees.
Each of the noticees is however directed to file an affidavit of apology in this court within one week. The noticees who are inter alia office bearers of Associations are directed to inform the other members of the association also of the consequences of breach or violation of the injunction or order of the courts.
CS(OS) No.2387/2008 and CS(OS) No.2388/2008.
Since the cause of action for the suits no longer exists, no useful purpose will be served in dealing with the same. The suits are disposed of with liberty to the plaintiffs to apply afresh if the cause of action arises, leaving the parties to bear their own costs.
RAJIV SAHAI ENDLAW,J
January 16, 2009
PP
High Court Order on contempt of stay order
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