Case Note & Summary
This contempt petition arose from an order dated 16/02/2000 passed by a learned single Judge in Writ Petition No. 123 of 1995. The petitioner, Manuel Domingo Fernandes, alleged that the respondent/contemnor, Ramesh Laxman Pangam, failed to retain possession of the suit premises and was required to vacate. The writ petition granted the contemnor three months to vacate. Instead of vacating, the contemnor filed L.P.A. No. 8 of 2000, which was dismissed on merits. The petitioner then moved this contempt petition on the ground that the contemnor disobeyed the order to vacate within three months. A show cause notice was issued. The contemnor's counsel argued that no contempt petition could survive as there was no undertaking furnished by the contemnor and an undertaking cannot be inferred from paragraph 8 of the writ order. However, after consulting the contemnor, his counsel submitted that if reasonable time is allowed, the contemnor is ready to vacate. The court, without going into the merits, directed the contemnor to vacate the suit premises on or before 8th January 2007, continue to pay rent/compensation at the agreed rate and other outgoings, and execute an undertaking to that effect within one week. The undertaking was to be furnished by all adult members of the contemnor's family residing with him. The petition was disposed of and notice discharged.
Headnote
A) Contempt of Court - Wilful Disobedience - Undertaking - The court considered whether failure to vacate premises within the time granted in a writ petition amounts to contempt, especially when no express undertaking was given. The contemnor's counsel submitted that if reasonable time is allowed, the contemnor is ready to vacate. The court disposed the contempt petition by granting time to vacate and directing the contemnor to furnish an undertaking. (Paras 1-4)
Issue of Consideration
Whether the contemnor committed contempt of court by failing to vacate the suit premises within the time granted by the court in the writ petition.
Final Decision
The court directed the contemnor to vacate the suit premises on or before 8th January 2007, continue to pay rent/compensation at agreed rate and other outgoings, and execute an undertaking to that effect within one week. The undertaking to be furnished by all adult members of the contemnor's family. Petition disposed of and notice discharged.
Law Points
- Contempt of court
- undertaking
- wilful disobedience
- vacation of premises
