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IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA, JJ.
Anu Balha & Ors. - Appellants
Versus
ICICI Home Finance & Ors. - Respondents
Cont.App.(C) 7 of 2023 & CM Appls. 5034-5035 of 2023
Decided on : 02-02-2023
Contempt of Courts Act, 1971 - Section 19(1) - Contempt Petition - Quash Order - Set aside and Quash Order passed by Learned Single Judge - Pass such other and further orders as this Hon'ble Court deems fit and proper in facts and circumstances of this case - Held, Learned counsel for appellant has assured before this Court that reply in Contempt Petition pursuant to directions, shall be filed before next date of hearing - Since reply to be considered by learned Single Judge on quantum, therefore, Appellant No.1 to 3 shall also remain present on next date of hearing before learned Single Judge – Court hereby again clarify that Single Judge shall pass an Order on quantum after taking into consideration reply filed by appellant - In view of above, appeal is disposed of by staying Order of Non Bailable Warrant issued against appellant No.1, 2 and 3 - Appeal disposed of.
JUDGMENT :
CM APPL. 5035/2023 (Seeking Exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
CONT.APP.(C) 7/2023 & CM APPL. 5034/2023
3. An appeal under Section 19(1) of the Contempt of Courts Act, 1971 has been filed by the appellants seeking the following reliefs:
(b) Pass such other and further orders as this Hon'ble Court deems fit and proper in the facts and circumstances of this case.”
4. Learned counsel for the appellant has assured before this Court that reply in the Contempt Petition pursuant to the directions dated 08.12.2022, shall be filed before the next date of hearing i.e. 23.02.2023. Since the reply to be considered by the learned Single Judge on quantum, therefore, the Appellant No.1 to 3 shall also remain present on the next date of hearing before the learned Single Judge.
5. We further make it clear that if the reply is not filed on the next date, the learned Single Judge shall pass the Order as per law.
6. We hereby again clarify that the Single Judge shall pass an Order on quantum after taking into consideration the reply filed by the appellant.
7. In view of the above, appeal is disposed of by staying the Order of Non Bailable Warrant issued against the appellant No.1, 2 and 3.
8. All pending applications, if any, also stands disposed of.
The assurance of the respondents regarding the timely passing of the order influenced the court's decision in disposing of the appeal.
Payments ordered in contempt proceedings classified as costs under CPC rather than fines, raising issues of compliance and clarity in judicial orders.
Contempt petition closed upon compliance via order challenged separately, liberty granted for further remedy.
Compliance with a court order negates the grounds for a contempt petition, rendering it moot.
The decision emphasizes the necessity of special justification for imposing imprisonment as a punishment for civil contempt under the Contempt of Courts Act.
Prematurity of the contempt appeal
Compliance with a court order negates the basis for a contempt petition under the Contempt of Courts Act.
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