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RAJIV SHAKDHER, TALWANT SINGH
Sunaina Singh – Appellant
Versus
Anand Kohli – Respondent
JUDGMENT
Rajiv Shakdher, J. - CM No.39078/2021
1. Allowed, subject to just exceptions.
CONT.APP.(C) 11/2021 & CM No.39077/2021[Application filed on behalf of the appellant for interim relief]
2. Ms Preeti Singh, who appears on behalf of the appellant, concedes that contempt proceedings were initiated in this court, on account of an undertaking given before the Learned Additional District Judge on 03.10.2020, inter alia, to the effect, that the unpaid rent will be paid within two weeks from that date.
3. Furthermore, we are informed by Ms Singh that, upon contempt proceedings being initiated in this court, an undertaking was given on 27.05.2021 that the appellant will vacate the premises and pay the arrears of rent as well as use and occupation charges.
3.1 Unfortunately, the order dated 27.05.2021, whereby the above-mentioned undertaking has been recorded, has not been placed on record, but what we have instead is, the order of the learned single judge, passed on 25.10.2021, based on the said undertaking.
3.2. Ms Singh says that, further time is required to vacate the subject premises and the payment of arrears of rent along with use and occupation charges.
4. To be noted, in paragraph 4 o
Failure to comply with undertakings in contempt proceedings can lead to dismissal of appeal.
Deliberate and wilful disobedience of court orders and undertakings can lead to punishment under the Contempt of Courts Act, 1971.
The contempt petition was dismissed as the respondent vacated the premises, indicating lack of ongoing contempt proceedings.
A party's compliance with a court order resolves contempt proceedings.
Repeated breaches of undertakings and non-compliance with court orders can lead to a finding of contempt, and leniency may be misunderstood as weakness.
Execution of orders in contempt proceedings cannot be equated with decrees for purposes of execution under the Civil Procedure Code.
Contempt proceedings are valid even when remedies exist under execution law, as they address wilful non-compliance with court orders, not just recovery of debts.
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