O R D E R

Disregarding a Court's order may seem bold, but the “

shadows of its consequences are long and cold.”

1. Contempt of court is a serious legal infraction that strikes at the very soul of justice and the sanctity of legal proceedings. It goes beyond from mere defiance of a Court’s authority, but also denotes a profound challenge to the Signature Not Verified Digitally signed byprinciples that underpin the rule of law. At its core, it is a Nidhi Ahuja Date: 2024.09.12

16:33:28 IST Reason:

profound disavowal of the respect and adherence to the judicial process, posing a concerning threat to integrity of judicial system. When a party engages in contempt, it does more than simply refusing to comply with a Court’s order. By failing to adhere to judicial directives, a contemnor not only disrespects the specific order, but also directly questions the Court’s ability to uphold the rule of law. It erodes the public confidence in the judicial system and it’s ability to deliver justice impartially and effectively. Therefore, power to punish for Contempt of Court’s order is vital to safeguard the authority and efÏciency of the judicial system. By addressing and penalizing contemptuous conduct, the legal system reinforces its own legitimacy and ensures that judicial orders and proceedings are taken seriously. This deterrent effect helps to maintain the rule of law and reinforces public’s faith in the judicial process, ensuring that Courts can function effectively without undue interference or disrespect.

2. Contempt powers are integral to maintaining the sanctity of judicial proceedings. The ability to address contempt ensures that the authority of the court is respected and that the administration of justice is not hampered by willful disobedience. In the said context, the power of this Court to punish for contempt is a cornerstone of its authority, integral to the administration of justice and the maintenance of its own dignity. Enshrined in Article 129 of the Constitution of India, this power is essential for upholding the rule of law and ensuring due compliance by addressing actions that undermine its authority, obstruct its proceedings, or diminish the public trust and confidence in the judicial system.

3. The Courts ordinarily take lenient approach in a case of some delay in compliance of the orders, unless the same is deliberate and willful, on confronting the conduct of the contemnor that strikes the very heart of judicial authority. Undoubtedly, this appalling breach of legal decorum has in its face challenged the sanctity of the orders passed by this Court and hence we are constrained to examine Contemnor/tenant’s willful and deliberate act of non- compliance of the order and also the undertaking furnished by him as directed.

4. In the case at hand, the present petitioner/landlord (in the contempt petitions) filed suits1 before the Court of Small Causes at Bombay (Bandra Branch)

1 R.A.E. & R. Suit Nos.43/137 & 111/300 of 2003 seeking eviction of the respondent/tenant (contemnor) from a Shop No. 3 and Room No. 4 of the properties belonging to the petitioner/landlord being Municipal House Nos. 427, 430 and 431 C.T.S. Nos. 38, 38/1 to 13 and T.P.S. Plot No.23 (part) of Village Kanhari, Taluka Borivali B.S.D. situated at Corner of 9 Kasturba Road, Borivali (East), Mumbai – 400066 on the ground of bona fide need and also due to non-payment of rent and arrears against the respondent/tenant.

4.1 The said suits were decreed by the Trial Court vide Judgment dated 21.08.2015. Aggrieved against the same, the respondent/tenant preferred appeals2 before the Appellate Bench of the Court of Small Causes at Bandra, Mumbai. The same were dismissed vide judgment dated 25.08.2022.

4.2 Being dissatisfied, the respondent/tenant challenged the judgment and decree of the Appellate Court before the High Court3 by filing Civil Revisions4, which were dismissed vide order dated 12.10.2022. It appears that the intention of the respondent/tenant was to prolon