Case Note & Summary
The petitioner, Pawan Kumar Sharma, filed a contempt petition alleging willful disobedience of an interim order dated 18.12.2015 passed by the Bombay High Court in Writ Petition No.12255 of 2015. The writ petition was filed by K.D.R. Farms Co-operative Housing Society Ltd challenging an order dated 31.01.2011 passed by the Divisional Joint Registrar, Co-operative Societies, Aurangabad. The interim order directed status quo to be maintained. The contempt petition was filed against respondent nos. 9 and 10, who were not originally parties to the writ petition but were subsequently added. The petitioner alleged that respondent nos. 9 and 10 convened a meeting on 10.01.2016 and passed resolutions in violation of the status quo order. The Court examined the facts and found that the contempt petition was filed on 22.01.2016, even before the returnable date of the notice (12.01.2016) in the writ petition. The alleged contemnors were not served with the status quo order before the alleged violation. The Court held that contempt jurisdiction is quasi-criminal in nature and must be exercised strictly. There was no clear proof of willful disobedience as the order was not brought to the notice of the alleged contemnors. The Court dismissed the contempt petition, observing that filing such petitions prematurely amounts to abuse of process of law, and imposed costs of Rs. 25,000/- on the petitioner.
Headnote
A) Contempt of Court - Willful Disobedience - Status Quo Order - The petitioner alleged that respondent nos. 9 and 10 violated the status quo order dated 18.12.2015 by convening a meeting and passing resolutions. The Court held that the contempt petition was filed prematurely as the alleged contemnors were not parties to the original writ petition and the order was not specifically brought to their notice. The Court emphasized that contempt jurisdiction must be exercised with caution and only when there is clear proof of willful disobedience. (Paras 1-6) B) Contempt of Court - Notice of Order - Requirement of Service - The Court observed that the status quo order was passed on 18.12.2015 and the contempt petition was filed on 22.01.2016, within a short span. The alleged contemnors were not served with the order before the alleged violation. The Court held that without proper notice, it cannot be said that they willfully disobeyed the order. (Paras 4-6) C) Contempt of Court - Premature Filing - Abuse of Process - The Court noted that the contempt petition was filed even before the returnable date of the notice in the writ petition. The Court deprecated such practice and held that filing contempt petitions prematurely amounts to abuse of process of law. The petition was dismissed with costs of Rs. 25,000/-. (Paras 5-6)
Issue of Consideration
Whether respondent nos. 9 and 10 have willfully disobeyed the interim order dated 18.12.2015 passed by this Court in Writ Petition No.12255 of 2015 directing status quo to be maintained.
Final Decision
The contempt petition is dismissed with costs of Rs. 25,000/- to be paid by the petitioner to the Bombay High Court Legal Services Committee within four weeks.
Law Points
- Contempt of court
- willful disobedience
- status quo order
- notice to contemnors
- burden of proof
- strict construction of contempt jurisdiction
