The court has the authority to nullify transactions executed in violation of court orders and may accept unconditional apologies in certain circumstances.

Suresh Kait, J. (Oral):--

1. Vide the present petition, petitioner seeks directions to initiate contempt proceedings against the respondent for not complying with the order dated 24.07.1984 passed by the learned District Judge, Delhi, in Probate Case No.244/1981, titled as ‘Smt. Surinder Kaur v. State & Ors.’

2. The respondent has filed counter-affidavit to the instant petition, wherein stated that she was not aware of the facts. She is an issueless widow, whose husband had expired long ago on 06.12.1980 and she had been living all alone in the suit property at that time.

3. It is further stated that Shri Rakesh Kumar Mittal and his wife Mrs. Meera Mittal, being neighbours of the respondent, had taken undue advantage of her living alone in the suit property. Accordingly, the respondent had executed a sale deed, without taking payment of any consideration, in favour of the abovenamed Mrs. Meera Mittal. The respondent further submitted that the respondent had not committed any contempt of court either intentionally or deliberately. She herself got trapped in the hands of above named persons. There had never been any intention to disobey the orders passed by the courts. The respondent has tendered unconditional apology for defying the order dated 24.07.1984.

4. I note, vide order dated 24.07.1984 passed in Probate Case No. 244/1981, the learned District Judge directed the petitioner (respondent herein) not to sell the property or create any charge thereon.

5. During arguments, Mr. Anil Sapra, learned senior counsel appearing on behalf of the petitioner submits that the transaction which had been entered into by the respondent was in gross violation of the ad interim order passed by the court, therefore, this Court may pass directions declaring the same as nullity ipso facto.

6. To support his submissions, learned senior counsel for the petitioner has relied upon the case of All Bengal Excise Licensess Association v. Raghavendra Singh & Ors., AIR 2007 SC 1386, wherein the Apex Court held that:-

“27. In the instant case, the respondents have conducted the auction quite contrary to and in violation of an injunction order passed by the High Court. Courts have held in a catena of decisions that where in violation of a restraint order or an injunction order against a party, something has been done in disobedience, it will be the duty of the Court as a policy to set the wrong right and not allow the perpetuation of the wrong doing. In our opinion, the inherent power will not only be available under Section 151 CPC as available to us in such a case but it is bound to be exercised in that manner in the interest of justice and public interest. As rightly observed by the Full Bench of the Madras High Court in AIR 1975 Madras 270, that as a matter of judicial policy the Court should guard against itself being stultified in circumstances like this by holding that it is powerless to undo a wrong done in disobedience of the Court's orders. We, therefore, cancel all the auctions held on 20, 21 and 22.03.2005 and direct the respondent Nos. 1-4 not to allow the successful bidders to continue the business and shall stop them forthwith and submit a report to this Court of strict compliance. We make it clear that we are not expressing any opinion on the merits of the claim made by the appellant Association in the writ petition filed by them before the High Court which is pending. All the respondent Nos. 1-4 are senior and experienced officers and must be presumed to know that under the constitutional scheme of this country orders of the High Court have to be obeyed implicitly and that orders of this Court - for that matter any Court should not be trifled with. We have already found hereinabove that they have acted deliberately to subvert the orders of the High Court evidently. It is equally necessary to erase an impression which appears to be gaining ground that the mantra of unconditional apology is a complete answer to violations and infractions