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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, bench said.
The Supreme Court has on April 24, 2025 said, any person who misuses the process of the court with ulterior motives cannot be said to be a person having approached the court with clean hands.
It underscored, a person who tries to tarnish the process of litigation to the extent of misguiding and misleading the proceedings before the court resulting in passing of orders which are to his benefit at the cost of loss of dignity, leading to shrinkage of the faith of the common man in the judicial process, cannot be permitted.
A bench of Justices Abhay S Oka and Augustine George Masih pointed out the power and jurisdiction of this court to initiate and punish for its contempt has not been disputed.
"It is well settled by now and it is apparent from the provisions of the Contempt of Court Act that Civil contempt means wilful disobedience of judgment, decree, or direction, order, writ or other process of the Court or wilful breach of an undertaking given to the Court. Civil contempt, as is apparent from Section 2(b) of the Contempt of Court Act 1971, means a wilful disobedience of any judgment, direction or order passed by the court", the bench said.
The bench held from the very beginning till the very end the respondent-contemnor has been taking the court for a ride.
"The misuse of the process of court with an intent to tarnish the image of judiciary, threatening the integrity, and the efficiency of the judicial system cannot be allowed to be overlooked and ignored in the garb of non-fulfilment of the directions because of now said to be faced financial constraints," Court added.
Brief Background
The court was dealing with a contempt petition filed by M/s Chithra Woods Manors Welfare Association, alleging non-payment of arrears of use and occupation charges of running a resort for period between September 20, 2021 and November 31, 2022 in six monthly instalments beginning December 31, 2022, as directed by this court on November 07, 2022. The total amount was pegged at Rs 172 lakh.
The petitioner Association was owner of the decree scheduled building, consisting of 96 furnished studio apartments, at Munnar, Kerala. An agreement was entered between the petitioner Association and respondent-contemnor on January 26, 2014, permitting the latter to occupy and use the said property for a period of 10 years as against payment of licence fees of Rs 12 Lakhs per month.
Having considered the submissions made by the counsels for the parties, the bench said, "We are of the considered view that the respondent-contemnor has deliberately and with malafide intention, not only misled and misused the process of the courts but has also intentionally violated the order passed by this court on 07.11.2022 by not making the payment as directed therein".Case Title: M/s Chithra Woods Manors Welfare Assn. v. Shaji Augustine
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