Compliance with court orders and explanations for delays are pivotal in contempt proceedings.

ORDER

(PER :HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI)

1. This application is filed under the provisions of the Contempt of Courts Act , 1971, alleging that the respondents have intentionally and willfully violated the order dated 04.10.2012 passed by this Court in Special Civil Application No.17676 of 2011.

2. Heard learned advocate Mr. Indravadan Parmar for the applicants and learned advocate Mr. Punam Gadhavi for the respondents.

3. Learned advocate for the applicants submitted that the dispute between the parties was with regard to the shop situated at ground floor in City Survey No.2879 situated at Dakor, Taluka Thasra, District Kheda. Learned advocate for the applicants submitted that this Court has passed an order on 04.10.2012 in the captioned petition by which the petitioners of the said petition i.e. the present opponents are directed to pay an amount of Rs.5,000/- till the final disposal of the petition and if any arrears to be paid, the same was required to be cleared within a period of four weeks from the date of the order.

However, the present opponents did not comply with the said direction and therefore the applicants filed Misc. Civil Application No.3379 of 2012 under the provisions of the Contempt of Courts Act . During the pendency of the said application, the opponents deposited the outstanding amount and therefore this Court, by way of an order dated 23.07.2013, disposed of the said application with a direction to the opponents to abide by the declaration made by their advocate that every month on or before 10 th day of the respective month, the demand draft of Rs.5,000/- shall be sent by the opponents to the applicants by Registered A.D.

4. It is pointed out that once again the opponents have not paid the amount as per the direction given by this Court and therefore the applicants were constrained to file another Misc.

Civil Application No.3569 of 2015. During the pendency of the said application, once again the respondents paid the outstanding amount and therefore this Court, by an order dated 01.12.2016, disposed of the said MCA with a direction to the respondents to continue to pay the amount as ordered by this Court from time to time.

5. It is submitted that in spite of the aforesaid directions, the respondents have made a default in making the payment every month.

However, it is submitted that during the pendency of this application, now when this Court has issued the notice, the opponents have cleared the dues. Learned advocate for the applicants, however, submitted that necessary direction be issued to the respondents to comply with the order dated 04.10.2012 passed by this Court in Special Civil Application No.17676 of 2011.

6. On the other hand, learned advocate Mr.

Gadhvi has pointed out from the affidavit-in- reply filed by the opponent No.4 that because of illness of opponent Nos. 1 and 4, they could not make the payment in time and certain amount was spent for hospitalization and medicines. It is submitted that opponent No.1 is aged about 85 years and the default in making the payment is not intentional and therefore this Court may dispose of this application as the opponents have paid the outstanding amount. Thus, there is no intentional and willful violation of the order passed by this Court as alleged by the applicants and therefore this application may be dismissed.

7. We have considered the submissions canvassed by the learned advocates appearing for the parties and from the record, it is not in dispute that the respondents have now complied with the di