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2021 Supreme(Online)(KER) 28766
HIGH COURT OF KERALA
WEST ISLE CASTLE APARTMENT OWNERS ASSOCIATION – Appellant
Versus
LALY JOSEPH – Respondent
Con.Case(C)/967/2021
S.V. RAJAN, SANIL JOSE, S. HEMANTH, SANTHOSH R. SANTHOSH (VARKALA), A.N. PREMLAL, SRI. K. MONI, SC
Unconditional apologies and assurances of compliance can mitigate contempt charges, reflecting the court's discretion in enforcement of its orders.
Headnote:
Contempt - Affidavit Withdrawal - Act Section List - This case involved the withdrawal of an affidavit in a contempt matter, where the court accepted an unconditional apology from the respondent, highlighting the importance of compliance with court orders and the possibility of leniency in light of sincere regret.
Fact of the Case:
The first respondent submitted an unconditional apology for disobeying a previous court order and sought permission to withdraw an affidavit filed in the case. The respondent expressed regret and promised not to breach court orders in the future.
Issues: Whether the respondent's unconditional apology and withdrawal of the affidavit should be accepted, and if the contempt case should be closed despite evidence of previous violations.
Ratio Decidendi: The court emphasized the significance of an unconditional apology and commitment to comply with court orders, indicating that such displays of remorse could warrant leniency in contempt proceedings.
Final Decision: The contempt case is closed with acceptance of the withdrawal of the affidavit.
JUDGMENT
This judgment shall be read in continuation to the order dated
20.10.2021.
2. In tune with the submissions made on 20.10.2021, an affidavit has been filed before this Court by the 1st respondent. Paragraphs 2 to 5 are extracted below for convenience:
“2. It is most respectfully submitted that I do hereby tender my unconditional apology before this Hon’ble Court in respect of the disobedience of the order dated 13.04.2018 passed by this Hon’ble Court in Co.Appl.No.180 of 2018 in C.P.No.44 of 2011.
3. I deeply regret for the errors from my part. I do hereby withdraw my affidavit dated 13.10.2021. I may be kindly permitted to withdraw my affidavit dated 13.10.2021 filed in this case.
4. Further, I do hereby undertake that I will not commit any breach of any of the orders of this Hon’ble Court in future and that I shall take utmost caution in complying with the orders and directions of this Hon’ble Court, in its letter and spirit.
5. Therefore, it is most humbly prayed that this Hon’ble Court may be pleased to permit me to withdraw my affidavit dated 13.10.2021 and kindly accept my unconditional apology and pardon my mistakes, in the interest of justice.”
3. I take note of the fact that the petitioner is a lady aged about 60 years. Though there are prima facie materials to show that she has violated the directions issued by this Court earlier, in view of the unconditional apology furnished by the 1st respondent before this Court and also the regret expressed by her, I am of the view that the affidavit can be accepted.
In that view of the matter, I am of the view that this Contempt Case can be closed accepting the affidavit filed by the 1st respondent. The 1st respondent is cautioned that she shall not violate the directions issued by this Court on 19.3.2018 and 13.4.2018.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
Annexure A1 COPY OF THE ORDER DATED 16.12.2014,PASSED BY THE HON'BLE HIH COURT IN C.A.NO.456 OF
2014 IN C.P.NO.44 OF 2011 Annexure A2 COPY OF THE ORDER DATED 19TH MARCH
2018,RESTRAINING THE ENTRY OF THE RESPONDENTS IN TO THE PROJECT SITE,PASSED BY THE HON'BLE HIGH COURT IN CO.APPL.
NO.236 OF 2017 IN C.P.NO.44 OF 2011 Annexure A3 COPY OF THE ORDER DATED 13TH DAY OF APRIL
2018 IN CO.APPL.NO.180 OF 2018 IN C.P.NO.44 OF 2011 Annexure A4 COPY OF THE I.A.NO.1 OF 2021 IN O.S.NO.321 OF 2021 FILED BY THE RESPONDENTS BEFORE THE MUNSIFF COURT,ERNAKULAM Annexure A5 COPY OF THE ORDER OF AD INTERIM PROHIBITORY INJUCTION PASSED BY THE LEARNED MUNSIFF IN I.A.NO.1 OF 2021 IN O.S.NO.321 OF 2021.
RESPONDENT(S) ANNEXURES : NIL
