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2021 (12) TMI 1497 - SUPREME COURTContempt petition - possession of the immovable properties not handed over to Bordeuri Samaj - various movable properties of the Temple, not handed over to the Petitioner - surplus cash amount of not less than Rupees eleven crores, which belonged to the Deity, it has not been paid - books of accounts pertaining to the Temple have not been handed over to the Petitioner - opportunity to file objections not provided - principles of natural justice - HELD THAT:- Perusal of the order shows that there was no opportunity granted to the parties to file any objections to the report. It cannot be said that as the Respondents did not object to the report, they have accepted the liability to pay the amount of Rs. 7,62,03,498/-. Moreover, the observations in the report cannot be treated as concluded findings. Even assuming that paragraph 73 of the judgment includes a direction to pay money, there is no adjudication made to decide what is the extent of liability. Hence, no case made out to take action Under Article 129 of the Constitution read with the Contempt of Courts Act, 1971. Moreover, the contempt jurisdiction is always discretionary which should be exercised sparingly and with circumspection. This is not a fit case to exercise the said jurisdiction by punishing the Respondents. However, it is always open for the Petitioner to adopt appropriate proceedings for recovery of money as mentioned in the report in accordance with law. The contempt petitions stand disposed of.
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