M/S KAMDHENU LTD. VS SHRAVAN KUMAR SHARMA

IMPOSITION OF PENALTY OF RS. ONE LAC BY THE HON’BLE HIGH OF OF DELHI ON THE CONTEMNOR, IN A CONTEMPT PETITION TITLED AS M/S KAMDHENU LTD. VS SHRAVAN KUMAR SHARMA

Ø  In a recent decision, the Hon’ble High Court of Delhi has imposed the penalty of Rs. One Lac on the contemnor in a contempt petition. The Petitioner namely M/s Kamdhenu Ltd. has instituted the contempt petition bearing Cont. Cas (C) 559/2016 against one Shravan Kumar Sharma seeking initiation of contempt proceeding against him for causing obstruction in the course of execution of the Local Commission.

Ø  By virtue of order dated 18.04.2016 passed in TM No.79/2014, a Local Commissioner was appointed to inspect and execute the commission at respondent’s premises situated at Jaipur, Rajasthan.

Ø  In compliance of order dated 18.04.2016 passed in the said Suit, the Local Commissioner visited the premises of the contemnor/respondent on 28.04.2016, but due to willful disobedience and obstruction caused by the contemnor, the commission could not be executed. This is reason why the petitioner has filed the contempt petitioner, seeking initiation of contempt proceeding against the contemnor.

Ø  The Suit has already been disposed of in view of settlement reached between the parties and the contemnor/respondent has already paid Rs. Ten Lacs to the petitioner/plaintiff.

Ø  However the Hon’ble High Court of Delhi taken the strict note of the willful disobedience and obstruction caused by the respondent during the course of execution of Local Commission and by virtue of order dated 26.04.2017 passed in the Cont. Cas (C) 559/2016, titled as M/s Kamdhenu Ltd Vs Shravan Kumar Sharma, the penalty of Rs. One Lac was imposed upon the respondent/contemnor to be deposited in the name of New Delhi Bar Association Library Fund.

                                      AJAY AMITABH SUMAN, ADVOCATE

                                     DELHI HIGH COURT