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MANISH PITALE
Lords Inn Hotels and Developers Pvt. Ltd. – Appellant
Versus
S. P. Builders and Resorts Pvt. Ltd. – Respondent
JUDGMENT
Heard the learned counsel for the applicant (original plaintiff) and the learned counsel appearing for the respondents (original defendants).
2. By this application filed under Order 39 Rule 2A of the Code of Civil Procedure, 1908 (CPC) the applicant is pressing for appropriate punitive orders against the respondents for having willfully disobeyed and violated the orders passed by this Court. It is emphasized that order dated 29/11/2023 passed by this Court granting ad-interim relief in terms of prayer clause (a), which was duly served on the respondents on 11th December 2023, was violated with impunity and that the respondents continue to do so even today when this application is taken up for hearing.
3. The learned counsel for the applicant invited attention of this Court to the ad-interim order dated 29/11/2023, which was passed after the respondents had been repeatedly served in the matter. They chose not to appear before this Court. It was submitted that upon finding that a strong prima facie case was made out by the applicant in its favour, this Court granted the ad-interim order thereby temporarily restraining the respondents or their associates or affiliates from di
Breach of injunction – Instead of being directly sent to civil prison, respondents can be directed to pay compensation.
Power to order civil imprisonment under Order XXXIX Rule 2A curtails an individual's fundamental right, albeit through a process of law.
Willful disobedience of court orders, even if later complied with, can lead to significant penalties to uphold the authority of the court.
In contempt proceedings, proof beyond reasonable doubt is required, and willful disobedience must be established. When two views are possible, the element of willfulness vanishes as it involves a men....
Scope of execution proceedings are irrelevant for contempt jurisdiction of High Court.
The court established that third parties can be held liable for contempt if they knowingly assist in violating court orders, reinforcing the court's authority to enforce compliance.
The power to punish for contempt should be exercised with care and caution, and the contempt jurisdiction should be confined to deliberate disobedience of court orders.
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