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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Anu Balha – Appellant
Versus
ICICI Home Finance Company Ltd. – Respondent
CONT.APP.(C) 2 of 2023 & CM Appls. 1622-1623 of 2023
Decided On : 13-01-2023
Contempt Appeal - Compliance with Court Order - The court dismissed the contempt appeal as premature, stating that the further order would be passed after considering the reply filed by the defendants.
Fact of the Case:
The appellant sought to set aside and quash the order passed by the Learned Single Judge, which found the defendants in contempt for non-compliance with a previous order.
Finding of the Court:
The court found the contempt appeal to be premature as the further order would be passed after considering the reply filed by the defendants.
Issues: Prematurity of the contempt appeal
Ratio Decidendi: The court held that the contempt appeal was premature as the further order would be passed after considering the reply filed by the defendants.
Final Decision: The contempt appeal was dismissed as premature, and pending applications were disposed of.
JUDGMENT (Oral)
1. Vide the present appeal, the appellant is seeking following relief(s):
"a. Set aside and Quash the Order dated 08/12/2022 passed by the Learned Single Judge in CS (OS) (Comm) No. 1336 of 2016;
b. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
2. Vide the impugned order dated 08.12.2022 in CS (COMM) 1336/2016, the learned Single Judge found that defendant Nos.1 to 6 had not complied with the order dated 18.07.2019 and held them to be in contempt; and issued a notice to the said defendants on the quantum of sentence.
3. The notice was accepted by defendant Nos.2 and 4 therein as they were present before the learned Single Judge and further, notice was also directed to be served on defendant Nos.1 and 3 through Managing Director/Director of the said companies and to defendant Nos.5 and 6 as well. Learned Single Judge also directed the defendant Nos.1 to 6 to file reply for quantum of punishment.
4. Needless to state that the learned Single Judge shall pass further order after taking into consideration the reply filed by the defendants as mentioned above as CS(COMM) 1336/2016 is already listed before the learned Single Judge on 20.01.2023. Therefore, at this stage, the present contempt appeal is pre-mature and the same is, accordingly, dismissed.
5. Pending applications also stand disposed of.
Prematurity of the contempt appeal
The assurance of the respondents regarding the timely passing of the order influenced the court's decision in disposing of the appeal.
Court closes contempt petition upon parties' confirmation of compliance with prior writ order.
An appeal under Section 19 of the Contempt of Courts Act is only maintainable when there is a definite finding against a contemnor or when the contemnor has been punished.
Compliance with a court order can lead to the closure of a contempt petition.
Disobedience of court orders can lead to contempt proceedings, but withdrawal of the orders in question can lead to the disposal of the petition.
An appeal under Section 19 is maintainable only against an order imposing punishment for contempt, and not against orders declining to initiate proceedings for contempt or issuing notices in the matt....
Payments ordered in contempt proceedings classified as costs under CPC rather than fines, raising issues of compliance and clarity in judicial orders.
Compliance with court orders mitigates contempt proceedings.
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