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2012 Supreme(Del) 1029

SANJAY KISHAN KAUL, RAJIV SHAKDHER
ATUL KUMAR RAI – Appellant
Versus
KOSHIKA TELECOM LIMITED – Respondent


Advocates Appeared:
Mr. Mukul Rohatgi, Sr. Adv. With Mr. Suresh Dobhal, Ms. Alpana Poddar and Mr. Rahul Tyagi, Advocates
Mr. Rajiv Bahl, Advocate for R-1/OL. Mr. P.S. Bindra, Advocate for R-2.

JUDGMENT

SANJAY KISHAN KAUL, J.

1. The contempt jurisdiction has to be exercised with care and caution by a court. It is not to be used either with vindictiveness or to “teach a lesson”. The civil contempt involves a private injury and ought to be punished when a degree of misconduct is involved and proved. “The defiance should be willful and intentional as opposed to unintentional, accidental, casual or bona fide conduct.”{Central Bank of India Vs. Sarojini Kumari; 1999 Cri L.J. 2130 (RAJ)}. There has to be a conscious effort or attempt on the part of the contemnor to willfully disobey the orders of a court and the discretion given to the Court, while arming it with contempt power, has to be exercised to ensure that the dignity of the court and majesty of law is maintained.

2. A contemnor must always be given an opportunity to repent. The repentence on the part of the contemnor and tendering of unqualified apology should be permitted to help him escape from rigorous punishment. The courts cannot be unduly touchy on the issue of contempt where orders have not been implemented forthwith especially when the effect of those very orders is effaced by pronouncements from appellate court














































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