Delhi High Court: In a case wherein petition had been filed by the petitioner seeking initiation of contempt proceedings against the respondent for flouting and committing breach of successive Orders of this Court, the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., opined that considering that the respondent had failed to pay the amount undertaken before this Court, to be paid to the petitioner, the respondent was held guilty of the contempt of this Court. The Court further opined that from the submissions of the counsel for the respondent, it was evident that the respondent was not willing to purge the contempt by complying with the orders or to address on the sentence, thus, the Court sentenced the respondent for Simple Imprisonment of three months with fine of Rs. 2,000.
The counsel for the respondent had admitted that the Order dated 1-6-2023 had not complied with, in which it was stated that “respondent undertakes that without prejudice to his rights and contentions, he shall continue to pay the maintenance amount as was being paid earlier till the final disposal of the appeal.”
The Court noted that the respondent still insisted that this present petition was not maintainable and thus, was not ready to comply with the order. The Court opined that considering that the respondent had failed to pay the amount undertaken before this Court, to be paid to the petitioner, the respondent was held guilty of the contempt of this Court.
The Court ordered that the contemnor shall remain present in Court on the next date of hearing. The counsel for the respondent submitted that the respondent was not in India and thus, he was unable to appear in the Court.
The Court opined that from the submissions of the counsel for the respondent, it was evident that he was not willing to purge the contempt by complying with the orders or to address on the sentence, thus, the Court sentenced the respondent for Simple Imprisonment of three months with fine of Rs. 2,000. The Court directed the SHO, Tilak Marg to issue warrants of arrest against the respondent and shall also get the Look Out circular issued against the respondent.
The contempt petition would now be listed on 19-7-2023.
[Kinri Dhir v. Veer Singh, 2023 SCC OnLine Del 4053, Order dated 6-7-2023]
Advocates who appeared in this case :
For the Petitioner: Shivani Luthra Lohiya, Asmita Narula, Advocates.
