Case Note & Summary
The appellant, Mrs. Subhashini Kar, filed a civil suit (S.C. Suit No.5366 of 2000) claiming co-ownership of a property allegedly grabbed by respondent No.1, Samim Qureshi. She obtained an ad-interim injunction on 18th September 2000 restraining the respondent from altering or developing the property. The order was made returnable on 11th October 2000. Alleging breach, she filed Contempt Notice of Motion No.4914 of 2000 on 26th September 2000. The trial court appointed a Commissioner who submitted a report. A second notice (No.3961 of 2001) sought reappointment of the Commissioner, leading to a second report. After hearing both motions, the trial court dismissed them on 5th November 2003. The appellant appealed. The High Court noted that the ad-interim order was only in force until the returnable date and was not extended. The court found no evidence of wilful disobedience and upheld the dismissal, dismissing the appeal.
Headnote
A) Contempt of Court - Breach of Injunction - Ad-interim Order - The appellant alleged that the respondent wilfully violated an ad-interim injunction order dated 18th September 2000, which restrained the respondent from altering or developing the suit property. The trial court dismissed the contempt notices after considering the Commissioner's reports and pleadings. The High Court upheld the dismissal, noting that the ad-interim order was only in force until the returnable date (11th October 2000) and was not extended, and that the appellant failed to establish wilful disobedience. (Paras 2-7)
Issue of Consideration
Whether the trial court was justified in dismissing the contempt notices for alleged breach of an ad-interim injunction order when the order was not extended beyond the returnable date.
Final Decision
The High Court dismissed the appeal, upholding the trial court's order dated 5th November 2003 dismissing the contempt notices.
Law Points
- Contempt of court
- temporary injunction
- ad-interim order
- returnable date
- wilful disobedience
- breach of injunction
- dismissal of contempt notice
Case Details
2013 LawText (BOM) (01) 49
Appeal from Order No.284 of 2004
Mrs. B.P. Jakhade (for Appellant), None for Respondents
Mrs. Subhashini Kar nee Panda
Mr. Samim Qureshi, Mrs. Saudamini Pani Nee Panda, Mrs. Sunandini Tripathy Nee Panda
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Nature of Litigation
Appeal from order dismissing contempt notices for alleged breach of ad-interim injunction in a property dispute.
Remedy Sought
The appellant sought to set aside the trial court's order dated 5th November 2003 dismissing the contempt notices and to hold the respondent guilty of contempt.
Filing Reason
Alleged wilful breach of an ad-interim injunction order dated 18th September 2000 by the respondent.
Previous Decisions
The trial court dismissed Contempt Notice of Motion No.4914 of 2000 and No.3961 of 2001 on 5th November 2003.
Issues
Whether the trial court erred in dismissing the contempt notices for alleged breach of an ad-interim injunction order that was not extended beyond the returnable date.
Whether the appellant established wilful disobedience of the injunction order by the respondent.
Submissions/Arguments
The appellant argued that the respondent deliberately violated the ad-interim injunction order dated 18th September 2000 by altering the suit property.
The respondent contended that the injunction order was only in force until the returnable date (11th October 2000) and was not extended, and that there was no wilful disobedience.
Ratio Decidendi
An ad-interim injunction order that is not extended beyond its returnable date ceases to be in force, and contempt proceedings for alleged breach of such an order cannot be sustained without proof of wilful disobedience.
Judgment Excerpts
This Appeal from Order challenges the order dated 5th November, 2003 in Contempt Notices of Motion No.4914 of 2000 and 3967 of 2001 dismissing them.
The appellant – plaintiff had filed suit in the trial Court and obtained injunction against the Respondent No.1...
However, finding that there is a breach thereof she firstly filed Contempt Notice of Motion No. 4914 of 2000 on 26th September, 2000...
Procedural History
The appellant filed S.C. Suit No.5366 of 2000 and obtained an ad-interim injunction on 18th September 2000. She filed Contempt Notice of Motion No.4914 of 2000 on 26th September 2000 alleging breach. The trial court appointed a Commissioner who submitted a report. A second notice (No.3961 of 2001) sought reappointment of the Commissioner. After hearing, the trial court dismissed both notices on 5th November 2003. The appellant filed the present appeal on 5th November 2003.
