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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
G.P. Chobey – Appellant
Versus
Ishwar Industries Ltd. – Respondent
| Table of Content |
|---|
| 1. exemption applications allowed. (Para 1 , 2) |
| 2. delay in appeals condoned. (Para 3 , 4 , 5) |
| 3. challenge against prior order. (Para 6 , 7) |
| 4. contempt findings and penalties outlined. (Para 8) |
| 5. dispute over interpretation of penalties. (Para 9 , 10) |
| 6. appeals disposed with stay orders. (Para 11 , 12) |
CM APPL.43325/2022 (exemption) in CONT.APP.(C) 19/2022
CM APPL.44149/2022 (exemption) in CONT.APP.(C) 20/2022
1. Allowed, subject to all just exceptions.
2. The applications are accordingly disposed of.
CM.APPL.43326/2022 (delay) in CONT.APP.(C) 19/2022
CM.APPL.44150/2022 (delay) in CONT.APP.(C) 20/2022
3. Present applications have been filed on behalf of the appellants seeking condonation of delay of 6 days in filing the appeals.
4. In view of the reasons stated in the present applications, the delay of 6 days in filing the appeals is condoned.
5. Accordingly, the present applications are allowed and disposed of.
CONT.APP.(C) 19/2022 in CM APPL.43324/2022
CONT.APP.(C) 20/2022 in CM APPL.44148/2022
6. The above captioned two petitions have been filed by the petitioners seeking setting aside of order dated 21.07.2022 passed by the learned Sing
Payments ordered in contempt proceedings classified as costs under CPC rather than fines, raising issues of compliance and clarity in judicial orders.
The assurance of the respondents regarding the timely passing of the order influenced the court's decision in disposing of the appeal.
Contempt of Court – Mere delay in complying with Order, unless there is deliberate or wilful act on part of alleged contemnors would not attract provisions of Contempt of Courts Act.
Condonation of delay can be granted when public interest is involved, even if explanations for the delay are inadequate.
The decision emphasizes the necessity of special justification for imposing imprisonment as a punishment for civil contempt under the Contempt of Courts Act.
No appeal lies against dismissal of contempt petition under Section 19 Contempt of Courts Act read with Section 425 Companies Act; appealable only against orders imposing punishment for contempt.
Contempt action should proceed only for established willful disobedience of a court order, and the correctness of an order can only be addressed in appeal jurisdiction, not in a contempt petition.
Contempt proceedings are liable to be closed or stayed when the subject matter of the alleged disobedience is sub judice before an appellate court, subject to the petitioner's liberty to revive if th....
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