Observing the chronology of wilful and deliberate defiance of directions of Court the Supreme Court bench of Justice Abhay S. Oka and Justice A.G. Masih came down heavily on the Respondent, stating “A party, misguiding the Court to pass an order which was never intended to be complied with, would constitute an act of overawing the due process of law and, thus, commit contempt of Court”

The dispute arose from a 2014 licensing agreement concerning a property in Munnar, Kerala, where the Respondent defaulted on payment obligations, leading to extensive litigation, arbitration proceedings, and a settlement agreement in 2017. Despite the settlement, the Respondent continued to default, and in 2022, gave an undertaking before the Supreme Court to clear arrears of Rs 172 lakhs in six monthly installments. Upon failing to comply with this undertaking, the Petitioner filed a contempt petition alleging wilful and deliberate disobedience of the Court’s order.

After observing the malafide conduct of the Respondent in polluting the stream of justice the bench held that Respondent’s non-compliance was neither accidental nor due to genuine penury, but a wilful and deliberate affront to the Court’s authority, thereby constituting civil contempt.

It was observed that from the outset the Respondent had consistently had been taking the court for a ride and such intent tarnishes the image of judiciary, threatening the integrity, and the efficiency of the judicial system cannot be allowed to be overlooked and ignored on account of Respondent’s penury

“The Respondent-Contemnor cannot be allowed to go scot free after having taken this Court at a stage where his conduct leaves this Court with no option but to take strict action and to punish him for the contempt committed by him, i.e., non-compliance of the directions issued by this Court vide Order dated 07.11.2022.” observed the court.

Thus after due consideration, the Court imposed a punishment of three months' simple imprisonment along with a fine, warning that non-payment within a stipulated period would invite additional incarceration. However, it also provided a narrow window for the contemnor to purge his contempt by complying with the pending monetary obligations.

Case Title: : M/S Chithra Woods Manors Welfare Association v. Shaji Augustine.,Contempt Petition (Civil) No. 712 Of 2023

Advocate for Petitioner(s): Nishe Rajen Shonker, AOR, Alim Anvar, Adv. & Ors

Advocate for Respondent(s): Lakshmeesh S. Kamath, AOR, Samriti Ahuja, Adv. Aditi Prakash, Adv.