Case Note & Summary
The contempt petition was filed by M/S MDDA Ramky ISBT Ltd. against Ombir Singh Tomar alleging violation of an order dated 17th April, 2017 passed in I.A. No.2 of 2016 in SLP(C) No. 29876 of 2016. The order directed the respondent to pay admitted licence fee and common area maintenance charges from August 2012. The SLP was dismissed on 29th August, 2017. Subsequently, the petitioner filed the contempt petition. The Court issued bailable and non-bailable warrants, and the respondent was arrested on 25th September, 2018. However, the petitioner had already filed an execution petition before the competent court to execute the final arbitral award. The Court observed that when a regular execution petition is pending, it cannot be said that the respondent intentionally violated the order. Contempt is a matter between the court and the alleged contemnor. Therefore, the Court dropped the contempt proceedings, closed the petition, and ordered the respondent's release.
Headnote
A) Contempt of Court - Wilful Disobedience - Order dated 17th April, 2017 - Contempt Petition (C) No. 1624 of 2017 - Alleged violation of order directing payment of admitted licence fee and common area maintenance charges - Court held that when a regular execution petition is pending before the competent court, it cannot be said that the respondent intentionally violated the order - Contempt proceedings dropped (Paras 7-8).
Issue of Consideration
Whether the respondent intentionally violated the order dated 17th April, 2017 directing payment of admitted licence fee and common area maintenance charges.
Final Decision
The Supreme Court dropped the contempt proceedings, closed the contempt petition, and ordered the respondent to be released forthwith. All pending applications were disposed of.
Law Points
- Contempt proceedings require intentional violation of court order
- Contempt is a matter between court and alleged contemnor
- Pendency of execution petition negates intentional violation
Case Details
Contempt Petition (C) No. 1624 of 2017 in SLP(C) No. 29876/2016
R. Banumathi, Indira Banerjee
M/S MDDA Ramky ISBT Ltd. Thr. Its Director
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Nature of Litigation
Contempt petition alleging violation of court order directing payment of admitted licence fee and common area maintenance charges.
Remedy Sought
Petitioner sought initiation of contempt proceedings against respondent for non-compliance of order dated 17th April, 2017.
Filing Reason
Alleged violation of order dated 17th April, 2017 passed in I.A. No.2 of 2016 in SLP(C) No. 29876/2016.
Previous Decisions
Order dated 17th April, 2017 allowed I.A. No.2 of 2016 directing respondent to pay admitted licence fee and common area maintenance charges from August 2012. SLP(C) No. 29876/2016 was dismissed on 29th August, 2017.
Issues
Whether the respondent intentionally violated the order dated 17th April, 2017.
Submissions/Arguments
Petitioner alleged that respondent failed to pay the admitted licence fee and common area maintenance charges despite court order.
Respondent did not appear despite service, leading to issuance of bailable and non-bailable warrants.
Ratio Decidendi
When a regular execution petition is pending before the competent court to execute the final award, it cannot be said that the respondent intentionally violated the court's order. Contempt proceedings are not maintainable in such circumstances.
Judgment Excerpts
When regular execution petition is pending, it cannot be said that the respondent has intentionally violated the order dated 17th April, 2017.
Contempt is a matter between the Court and the alleged contemnor who is alleged to have violated the orders of this Court.
Procedural History
SLP(C) No. 29876/2016 was dismissed on 29th August, 2017. I.A. No.2 of 2016 was allowed on 17th April, 2017 directing payment. Contempt petition filed alleging violation. Bailable warrants issued on 11th May, 2018. Non-bailable warrants issued on 3rd August, 2018. Magistrate directed to initiate proceedings under Sections 82 and 83 CrPC on 4th September, 2018. Respondent arrested on 25th September, 2018. Execution petition filed by petitioner before competent court.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 82, 83
