Case Note & Summary
The respondent, Bhikanlal Nanakchand Sharma, owned a shop near Mulund Checknaka, LBS Road, Mulund West, Mumbai. He and other shopkeepers had carried out unauthorized constructions in front of their shops without obtaining permission from the Municipal Corporation of Greater Mumbai (appellant no.1). Following complaints from local citizens, the respondent apprehended demolition action by the Corporation and filed three suits (Suit Nos. 79, 80, and 81 of 1998) seeking an injunction restraining the Corporation from demolishing the structures. During the hearing of interim relief motions on 23rd January 1998, the learned counsel for the Corporation, on instructions under Letter No. T/25778/WOT dated 21.1.98, gave an undertaking that the Corporation would follow due process of law by issuing necessary notices before taking any action. Despite this undertaking, the Corporation demolished the respondent's structure without issuing any notice or following due process. The respondent then filed an application under Order 39 Rule 2A CPC for breach of the undertaking. The City Civil Court, Mumbai, by order dated 7th March 1998, held the appellants guilty of breach of undertaking and sentenced them to pay a fine of Rs.2000 each. The appellants appealed to the High Court. The High Court, after hearing both sides, dismissed the appeal, holding that the undertaking was clear and binding, and its breach was established. The court noted that the Corporation had not followed due process and had acted in violation of the undertaking. The fine imposed was upheld.
Headnote
A) Civil Procedure - Breach of Undertaking - Order 39 Rule 2A Code of Civil Procedure, 1908 - Contempt - The appellants, Municipal Corporation and its officers, gave an undertaking to the court on 23rd January 1998 that they would follow due process of law before demolishing the respondent's structure. Subsequently, they demolished the structure without issuing notice or following due process. The City Civil Court held them guilty of breach of undertaking and imposed a fine of Rs.2000 each. The High Court upheld the order, holding that the undertaking was binding and its breach attracted penalty under Order 39 Rule 2A CPC. (Paras 2-5)
Issue of Consideration
Whether the appellants (Municipal Corporation and its officers) committed breach of the undertaking given to the court on 23rd January 1998, and whether the order of the City Civil Court holding them guilty and imposing fine under Order 39 Rule 2A CPC was correct.
Final Decision
Appeal dismissed. The order of the City Civil Court, Mumbai, dated 7th March 1998, holding the appellants guilty of breach of undertaking and sentencing them to pay a fine of Rs.2000 each under Order 39 Rule 2A CPC is upheld.
Law Points
- Breach of undertaking given to court
- Order 39 Rule 2A CPC
- Contempt of court
- Undertaking binding on corporation
- Due process of law
