Case Note & Summary
The Supreme Court dismissed contempt petitions filed by Sant Lal Gupta and others against Umesh Kumar Jain and others for alleged willful disobedience of the Court's order dated 31.03.2017. The background involves a long-standing dispute over membership and allotment of flats in Modern Cooperative Group Housing Society Limited, Delhi. In 1987, the society expelled 27 members, including the contempt petitioners. After litigation, this Court on 18.10.2010 directed the society to re-admit those 14 expelled members and adjust them against unallotted flats. Meanwhile, new members (the alleged contemnors) had been inducted and allotted flats in 2002 through an illegal draw. The Registrar Cooperative Societies set aside their membership and allotment, which was upheld by the High Court on 31.01.2017. The Supreme Court dismissed the special leave petitions against the High Court order on 31.03.2017, granting three months' time to vacate subject to filing undertakings. The alleged contemnors filed undertakings on 13.04.2017 but failed to vacate. The contempt petitioners sought enforcement. However, on 25.01.2018, the Court passed a status quo order, which prevented the contemnors from vacating. The Court held that contempt proceedings cannot be sustained when compliance is prevented by a court order. The Court also noted that the contemnors had been in occupation for many years and had made substantial payments. The contempt petitions were dismissed, and the status quo order was directed to continue until further orders.
Headnote
A) Contempt of Court - Willful Disobedience - Undertaking to Vacate - The alleged contemnors filed undertakings to vacate apartments within three months as per Supreme Court order dated 31.03.2017, but failed to do so. However, subsequent status quo orders were passed on 25.01.2018, which prevented compliance. Held that contempt proceedings cannot be sustained when compliance is prevented by court orders (Paras 1-4). B) Cooperative Society - Membership and Allotment - Expulsion and Re-admission - The dispute involved expulsion of 27 members from Modern Cooperative Group Housing Society Limited, their re-admission by order dated 18.10.2010, and subsequent allotment of flats to new members. The Registrar Cooperative Societies set aside the allotment to new members as illegal. Held that the new members were inducted in violation of law and their allotment was invalid (Paras 2-3). C) Civil Procedure - Status Quo Order - Effect on Compliance - The Court passed status quo order on 25.01.2018, which effectively stayed the earlier direction to vacate. Held that the contemnors cannot be punished for non-compliance when a status quo order prevents them from vacating (Para 4).
Issue of Consideration
Whether the alleged contemnors committed willful disobedience of the Court's order dated 31.03.2017 by failing to vacate the apartments despite filing undertakings, and whether contempt proceedings are maintainable in light of subsequent status quo orders.
Final Decision
The Supreme Court dismissed the contempt petitions, holding that the alleged contemnors cannot be punished for contempt as the status quo order dated 25.01.2018 prevented them from vacating. The Court directed that the status quo order shall continue until further orders.
Law Points
- Contempt of Court
- Willful Disobedience
- Undertaking to Vacate
- Cooperative Society
- Status Quo Order
- Possession
