NDLI: Urban Infrastructure Real Estate Fund Vs. Dharmesh S. Jain and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Contempt of Courts Act 1971 – Civil contempt – Wilful disobedience of orders passed by Court –
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 Referred Case 9
Case Type	Contempt Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Contempt of Courts Act,1971 – Civil contempt – Wilful disobedience of orders passed by Court – High Court stayed arbitral award passed in arbitral proceedings filed by petitioner against respondents-alleged contemnors subject to deposit of an amount – Time period of such deposit was extended by Supreme Court on two occasions while continuing the order of stay by implication – Plea of respondents-contemnors that there was no wilful disobedience and because of financial constraint, they were not in a position to deposit the amount as ordered by the High Court and the Supreme Court – At no point of time earlier, such a plea was taken – Held: On facts, the plea lacked bonafides and was not tenable, being an afterthought – When a party which is required to comply with the terms or directions in an order has not done so within such time as stipulated in the order, two options are available to the party which was required to comply with such order: (a) give an explanation to the Court as to the circumstances due to which the party could not comply with the order of the Court; (b) seek for further time to comply with the order of the Court – If a delay has occurred in complying with the terms of an order and the party which was to comply with the order has not resorted to either of the two aforestated options, then, the party responsible for delay in compliance, may be held to have committed contempt – Further, irrespective of whether or not a decree is executable, the question to be considered in determining whether a case for contempt has been made out was, whether, the conduct of the contemnor was such as would make a fit case for awarding punishment for contempt of Court – In the case at hand, the conduct of respondent-contemnors was such as would justify invocation of contempt jurisdiction of Supreme Court – Not only did the contemnors unreasonably delay and default in compliance of orders of Supreme Court without explaining the cause for such default, or seeking extension of time for compliance; but they also sought to avoid compliance of the order, even after taking benefit of the extended time period granted for compliance of the same – The contemnors cannot, at this juncture, claim that the requirement of deposit was not mandatory, but directory and therefore non-compliance thereof would not constitute contempt – On facts, respondents-contemnors willfully disobeyed the orders passed by the Court and were thereby guilty of civil contempt and rendered themselves liable for suitable punishment under provisions of Contempt of Courts Act – Arbitration and Conciliation Act, 1996 – s.34. Contempt of Courts Act, 1971 – Contempt jurisdiction – Invocation of – Powers of the Court – Scope and ambit of – Held: Jurisdiction of a Court under the Act, would not cease, merely because the order or decree of which contempt is alleged, is executable under law, even without having recourse to contempt proceedings – Contempt jurisdiction could be invoked in every case where the conduct of a contemnor is such as would interfere with the due course of justice – Contempt is a matter which is between the Court passing the order of which contempt is alleged and the contemnor; questions as to executability of such order is a question which concerns the parties inter-se – Power of the Court to invoke contempt jurisdiction, is not, in any way, altered by the rights of the parties inter-se.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2022 INSC 296
Petitioner	Urban Infrastructure Real Estate Fund
Respondent	Dharmesh S. Jain And Anr.
SCR	[2022] 3 S.C.R. 1148
Judgement Date	2022-03-10
Case Number	1668

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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