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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Anu Balha – Appellant
Versus
ICICI Home Finance – Respondent
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 ta
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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