Tribunal Rejects Contempt Charges Over Status Quo Violation; Directs Parties to Maintain Status Quo Until February Hearing.

The Appellate Tribunal dismissed the applications filed by the appellants seeking contempt charges against the respondent (ED) for alleged violation of a status quo order dated 14-12-2020. The Tribunal determined that the eviction notices issued on 12-1-2021 did not contravene the existing order. Consequently, the Tribunal directed both parties to maintain the status quo concerning the properties until the next hearing on 26th February 2021. The Tribunal allowed specific actions regarding the properties, including removal of machinery and vacating rented premises, as there was no prima facie case for a stay order.

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Issues:
Violation of status quo order by respondent (ED) regarding possession of properties.

Analysis:
The appellants filed urgent applications seeking punishment for the respondent (ED) for contemptuous acts, alleging violation of the status quo order passed by the Appellate Tribunal on 14-12-2020. The applications were filed under Order XXXIX rule 2(A) CPC with prayers to maintain the status quo till the next date of hearing. The respondent (ED) had issued eviction notices dated 12-1-2021 despite the Tribunal's order to maintain status quo.

During the hearing, the appellants argued that the respondent (ED) had disregarded the Tribunal's order of status quo and requested the Tribunal to pass an order to maintain the status quo. The respondent's counsel, on the other hand, contended that the notices issued were in line with the Tribunal's order of 14-12-2020 and there was no violation.

After hearing both sides and examining the previous order dated 14-12-2020, the Tribunal noted that the respondent (ED) had already taken possession of all properties except the two specifically mentioned in the order. The Tribunal's order highlighted that there was no prima facie case for granting a stay order of status quo for the mentioned properties. It allowed certain actions regarding the properties, including removal of machinery and vacating rented premises by tenants.

The Tribunal concluded that the impugned notices dated 12-1-2021 did not violate the order of 14-12-2020. Therefore, the applications seeking punishment for contempt were dismissed. The Tribunal directed both parties to maintain the status quo with respect to the properties until the next date of hearing, which was scheduled for 26th February 2021.

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