Written By: Ajay Amitabh Suman
- In a recent decision, the Hon’ble High Court of Delhi has imposed the
penalty of Rs. One Lac on the contemnor in a contempt petition. The
Petitioner namely M/s Kamdhenu Ltd. has instituted the contempt petition
bearing Cont. Cas (C) 559/2016 against one Shravan Kumar Sharma seeking
initiation of contempt proceeding against him for causing obstruction in the
course of execution of the Local Commission
- By virtue of order dated 18.04.2016 passed in TM No.79/2014, a Local
Commissioner was appointed to inspect and execute the commission at
respondent’s premises situated at Jaipur, Rajasthan.
- In compliance of order dated 18.04.2016 passed in the said Suit, the
Local Commissioner visited the premises of the contemnor/respondent on
28.04.2016, but due to willful disobedience and obstruction caused by the
contemnor, the commission could not be executed. This is reason why the
petitioner has filed the contempt petitioner, seeking initiation of contempt
proceeding against the contemnor.
- The Suit has already been disposed of in view of settlement reached
between the parties and the contemnor/respondent has already paid Rs.10 Lacs
to the petitioner/plaintiff.
- However the Hon’ble High Court of Delhi taken the strict note of the
willful disobedience and obstruction caused by the respondent during the
course of execution of Local Commission and by virtue of order dated
26.04.2017 passed in the Cont. Cas (C) 559/2016, titled as M/s Kamdhenu Ltd
Vs Shravan Kumar Sharma, the penalty of Rs. One Lac was imposed upon the
respondent/contemnor to be deposited in the name of New Delhi Bar
Association Library Fund.
, Advocate Delhi High Court