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SUPREME COURT OF INDIA
B. L. Hansaria, G.N. Ray
DR H. PHUNINDRE SINGH AND OTHERS, APPEALLANT
Versus
K. K. SETHI AND ANOTHER, RESPONDENTS.
Civil Appeal No. ... of 1996 (Arising out of SLP No. 26786 of 1995),
decided on February 19, 1996.
Contempt - Disposal of Contempt Petition - Enforcement of Court's Order
Fact of the Case:
The court considered the failure to dispose of a contempt petition despite the order not being stayed by the Division Bench, and the need to consider deliberate violation of the subsisting order of the Court.
Finding of the Court:
The court found that the contempt petition should have been disposed of on merits instead of being adjourned till the disposal of the appeal, and ordered that it should be disposed of within three months from the date of the communication of the order.
Issues: Failure to dispose of contempt petition, enforceability of the Court's order, and adjournment till disposal of the appeal.
Ratio Decidendi: The court emphasized the need to consider deliberate violation of the subsisting order of the Court and ensure the enforceability of the Court's order by disposing of the contempt petition within a specified period.
Final Decision: The court ordered the disposal of the contempt petition within three months from the date of the communication of the order and directed that the pending appeal should not be taken up for hearing before the disposal of the contempt petition.
ORDER
1. Leave granted.
2. Heard learned counsel for the parties. In our view, in the facts of the case, particularly when the order passed by the learned Single Judge of the High Court was not stayed by the Division Bench, the contempt petition should have been disposed of on merits instead of adjourning the same till disposal of the appeal, so that question of deliberate violation of the subsisting order of the Court is considered and enforceability of the Courts order is not permitted to be diluted. In the facts of the case, we feel that the contempt petition should be disposed of within a period of three months from the date of the communication of this order and we order accordingly. It is further directed that before disposal of the contempt petition, the pending appeal should not be taken up for hearing. The appeal is accordingly disposed of.
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