The court must be satisfied beyond reasonable doubt that the contemnor has willfully, deliberately and intentionally violated the court's order. If the disobedience is the result of some compelling circumstances, then the Court may not punish the contemnor.

JUDGMENT

Chandra Dhari Singh, J. (Oral)

CCP(O) 15/2018

1. The present Petition has been filed for initiating contempt proceedings and for punishing the alleged contemnors herein, under Article 215 of the Constitution of India and Sections 10 and 12 of the Contempt of Courts Act, 1971 for their wilful and gross disobedience of the Order dated 18.08.2017 passed by this Court in OMP(I)(COMM) 303 of 2017 filed by the Petitioner under Section 9 of the Arbitration and Conciliation Act, 1996. It is prayed as under:

"(a) hold the Respondent/ Contemners guilty of contempt under Section 2 (b) and 12 of the Contempt of Courts of Act, 1971 as well as under Article 215 of the Constitution of India and punish accordingly for willful disobedience and defiance of the order of this Hon'ble Court dated 18.08.2017 passed by this Hon'ble Court in OMP(I)(COMM) 303 of 2017;

(b) direct the Contemners to first purge the contempt by depositing a bank guarantee of Rs. 14 Crores with the Registrar General of this Hon'ble Court of this Court or by offering an appropriate immovable property encumbrance free to the extent of Rs. 14 Crores.

(c) in case the Contemners failed to do the so, order the properties/bank accounts of the Contemners No. 1 to 9 be attached to the extent of the aforesaid amount and deposited with the Registrar General of this Hon'ble Court;

(d) order simple imprisonment for a term of six months against Contemners No. 2 to 9 and also pass an order imposing appropriate fine on all the Contemners;

(e) pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."

2. Learned counsel for the petitioner submitted that this Court vide its order dated 18.08.2017 passed ad interim directions against the Respondents directing them to secure the Petitioner either by way of a bank guarantee or by offering an appropriate immovable property encumbrance free to the extent of Rs. 14 crores before the next date of hearing in the matter i.e. 04.12.2017.

3. It is stated that despite the Order being served on the Respondents vide letter dated 23.8.2017, the Respondents failed to comply with the said Order and after a period of nearly four months chose to initiate an application under Order 39, Rule 4 of CPC for vacation/modification of the order dated 18.08.2017 which remains pending as on date.

4. It is further submitted that this Court did not interfere with/modify the order dated 18.08.2017, which therefore, continues to be in operation. Despite this, the Respondents in wilful disobedience have failed to comply with the order.

5. In light of the aforesaid facts and circumstances, it is stated that the Petitioner has been compelled to file the present petition seeking contempt proceedings against the Respondents. The conduct of the Respondents interferes with the administration of justice and the rights of the Petitioner. Accordingly, it is submitted that the Respondents are clearly guilty of contempt of Court.

6. It is also submitted that pendency of various proceedings have no effect on the above contempt proceedings, and the same being independent and being filed due to deliberate and willful non-compliance of the order dated 18.08.2017 of the Court. In this regard, reliance has been placed on various judgments of the Hon'ble Supreme Court including:

i. Prithvi Nath Ram Vs. State of Jharkhand, (2004) 7 SCC 261

ii. E. Bapanaiah V. K.S. Raju, (2015) 1 SCC 451

iii. Tayabbhai M. Bagasarwalla and Anr. Vs. Hind Rubber Industries Pvt. Ltd. & Ors., (1997) 3 SCC 443

7. In light of the aforesaid facts and the law laid down by the Hon'ble Supreme Court, it is prayed that this Court may be pleased to hold the Respondents guilty of contempt under Section 2 (b) and 12 of the Contempt of Courts of Act, 1971 and under Article 215 of the Constitution of India and punish them for willful disobedience of the order dated 18.08.2017 passed by this Court in OMP(I)(COMM) 303 of 2