Case Note & Summary
The Supreme Court was hearing a contempt petition filed by Sundar Gupta and others against Sunil Vasudeva and others, alleging violation of orders passed in Civil Appeal No. 5140 of 2019 (arising out of SLP(C) No. 5449 of 2015). However, on the same date, the Court disposed of the main civil appeal. Consequently, the contempt petition was rendered infructuous. The Court, by a brief order, dismissed the contempt petition and disposed of any pending applications. The bench comprised Justices A.M. Khanwilkar and Ajay Rastogi.
Headnote
A) Contempt of Court - Infructuous Petition - Disposal of Main Proceedings - Contempt of Courts Act, 1971 - Contempt petition filed alleging violation of orders in a civil appeal - Held that once the main civil appeal is disposed of, the contempt petition becomes infructuous and is liable to be dismissed (Para 1).
Issue of Consideration
Whether the contempt petition survives after the disposal of the main civil appeal
Final Decision
Contempt petition dismissed as infructuous; pending applications disposed of.
Law Points
- Contempt petition becomes infructuous when main proceedings are disposed of
Case Details
Contempt Petition (C) No. 1721 of 2017 in Civil Appeal No. 5140 of 2019 (@ SLP(C) No. 5449 of 2015)
A.M. Khanwilkar, Ajay Rastogi
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Nature of Litigation
Contempt petition alleging violation of orders in a civil appeal
Remedy Sought
Action against alleged contemnors for violating court orders
Filing Reason
Alleged violation of orders passed in Civil Appeal No. 5140 of 2019
Previous Decisions
Civil Appeal No. 5140 of 2019 was disposed of on 2nd July 2019
Issues
Whether the contempt petition survives after disposal of the main civil appeal
Ratio Decidendi
A contempt petition becomes infructuous when the main proceedings in which the alleged contempt occurred are disposed of, as there remains no live issue to adjudicate.
Judgment Excerpts
In view of the order passed by us in Civil Appeal arising out of SLP(C ) No. 5449 of 2015 dated 2 nd July, 2019, contempt petition has become infructuous and is accordingly dismissed.
Procedural History
The contempt petition was filed in 2017 in connection with Civil Appeal No. 5140 of 2019. On 2nd July 2019, the main civil appeal was disposed of, leading to the dismissal of the contempt petition.
Acts & Sections
- Contempt of Courts Act, 1971:
