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2015 (10) TMI 2440 - COMPANY LAW BOARD NEW DELHIConstruction to asset – Passed status quo order – Construction over building whereupon status quo granted is nothing but wilful disobedience of orders passed – Respondent contends that property impugned leased out in 2005 to a non-party and no order has been passed over this tenancy - It is not indicated anywhere in Observation Report that existing building has been demolished and new structure erected in place of old structure upon which status quo was granted - Held That:- Photographs filed by observer showed that it is an old building and 8 years have gone by after passing of order, if building is left without any upkeep, it is endangering to persons living in it – Tenant thus may attend not only to repair but he may proceed with as these orders cannot be said to be passed against tenant from attending to renovation and repair - Actions of tenant are not hit by any contempt as tenant is not a party and there is no creation of third party rights - Order is to read in context it is passed, not beyond context - Since renovation will add value to property, same cannot be considered as detriment to interest of anybody – Decided in favour of Respondent.
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