NDLI: Rama Narang Vs. Ramesh Narang and Others Contempt Petition (civil) No. 92 of 2008

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Contempt of Courts Act 1971: s.2(b)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Contempt Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Contempt of Courts Act, 1971: s.2(b) – Contempt proceedings – Scope of – Violation of Consent Order – Petitioner and his sons (respondents) were the only Directors of a company – Dispute between petitioner and respondent-sons – Purported settlement of the dispute in terms of Consent Order recorded in orders dated 12th December 2001 and 8th January 2002, of the Supreme Court – Petitioner-father filed contempt petition alleging that respondent- sons had violated the terms of the Consent Order – By judgment dated 15 th March, 2007, Supreme Court held respondents guilty of contempt – Respondents filed Company Petition before the Company Law Board (CLB), whereupon CLB passed interim order dated 10th April 2008 – Petitioner filed instant contempt petition alleging that the order of CLB was violative of the order of Supreme Court dated 15th March 2007 – Whether invoking the jurisdiction of CLB and entertaining of said proceedings by CLB amounted to contempt – Held: A person does not commit contempt of court if during pendency of certain proceedings, he takes recourse to other judicial proceedings open to him, even though the latter proceedings puts the other party at a loss – On facts, respondents thought it prudent to approach CLB by invoking its powers u/ss.397, 398 and 403 of the Companies Act – Respondents took recourse to legal remedy available to them under the statutory provisions in compelling circumstances to safeguard the interest of the Company and its stakeholders – Petitioner failed to make out a case of wilful, deliberate and intentional disobedience of any of the directions given by Court or acting in breach of undertaking given to Court – Contempt Petition accordingly dismissed – Companies Act, 1956 – ss.397, 398 and 403. Contempt of Court: Contempt proceedings – Nature and scope of – Held: The contempt proceedings are quasi-criminal in nature and the standard of proof required is in the same manner as in the other criminal cases – The alleged contemnor is entitled to protection of all safeguards/rights which are provided in the criminal jurisprudence, including the benefit of doubt –Punishment under the law of contempt is called for when the lapse is deliberate and in disregard of one’s duty and in defiance of authority. Contempt of Court: Contempt proceedings – Difference from execution proceedings – Held: Contempt proceeding is not like an execution proceeding under the Code of Civil Procedure – Before punishing the contemnor for non-compliance of decision of the Court, the Court must not only be satisfied about the disobedience of any judgment, decree, direction, writ or other process but should also be satisfied that such disobedience was wilful and intentional – The civil court however, while executing a decree against the judgment-debtor is not concerned and bothered as to whether the disobedience to any judgment or decree was wilful and once the decree had been passed, it is the duty of the court to execute the decree, whatever may be the consequences thereof – Code of Civil Procedure – Execution. Jurisdiction: Jurisdiction of the Court to pass interim orders pending decision on question of its’ jurisdiction – Held: Even if objection is raised to the jurisdiction of a forum, it has jurisdiction to pass interim orders till it finally decides the issue of jurisdiction and such orders are binding on the parties till the issue of jurisdiction is decided – If the Court holds that it has no jurisdiction, it is open to it to modify the orders – However, while in force, the interim orders passed by such Court have to be obeyed and their violation can be punished even after the question of jurisdiction is decided against the plaintiff, provided violation is committed before the decision of the Court on the question of jurisdiction – Judgment /Order – Interim Order. Civil Contempt: Wilful disobedience or wilful breach – Court has to record a finding that such a disobedience was wilful & intentional – There must be a clear cut case of obstruction of justice by a party intentionally – Where the court is satisfied that such disobedience is the result of some compelling circumstances, under which it is not possible for the contemnor to comply with the same, the Court may not punish the alleged contemnor
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Neutral Citation	2021 INSC 25
Petitioner	Rama Narang
Respondent	Ramesh Narang And Others Contempt Petition (civil) No. 92 Of 2008
SCR	[2021] 1 S.C.R. 389
Judgement Date	2021-01-19
Case Number	92

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Rama Narang Vs. Ramesh Narang and Others Contempt Petition (civil) No. 92 of 2008

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Rama Narang Vs. Ramesh Narang and Others Contempt Petition (civil) No. 92 of 2008

Rama Narang Vs. Ramesh Narang and Others Contempt Petition (civil) No. 92 of 2008

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Rama Narang Vs. Ramesh Narang and Others Contempt Petition (civil) No. 92 of 2008