Contempt petition alleging wilful disobedience of directions to pay 50% subsistence allowance. The court found respondents stopped payment due to counsel's mis-communication of a review-petition order and resumed compliance on learning of it; no wilful disobedience established, so the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~89
Through: Mr. Mritunjay Kumar Singh, Mr. Saikat Khatua, Mr. Gulshan Khatri, Mr. Parmanand Prasad and Dr. Anjani Kumar, Advocates
versus
SMT. RACHNA SHAH & ORS. ..... Respondents Through: Ms. Monika Arora, CGSC along with Mr. Arnav Mittal, Advocate (GP) for UOI
Mr. Raman Kapur, Sr. Advocate with Mr. Varun Kapur, Advocate for R-3 and R-4
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
O R D E R
% 07.05.2024 1. The instant petition under Section 11 and 12 read with Section 2(b) of
the Contempt of Courts Act, 1971 seeking the following reliefs:
i. Initiate contempt proceedings against the Respondents for their wilful disobedience towards the directions given by this Hon’ble Court in Judgment dated 15.12.2023 passed in “Sanjay Kumar V. UOI & Ors.”, bearing W.P. (C) No. 7695/2022;
ii. Summon the Respondents and direct them to explain their position for their non-compliance to the directions given by this Hon’ble Court’s Judgement dated 15.12.2023 passed in “Sanjay Kumar V. UOI & Ors.”, bearing W.P. (C) No. 7695/2022;
iii. Direct the Respondents/Contemnors to pay 50% subsistence allowance to the Petitioner, till the inquiry is completed in terms of the directions issued by this Hon’ble Court in Judgment dated 15.12.2023 passed in “Sanjay Kumar V. UOI
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 11:28:32
& Ors.”, bearing W.P. (C) No. 7695/2022; iv. Pass any other or further order which this Hon’ble Court may deem fit and proper in the interest of justice.”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 11:28:32
“However, the Court admitted the Review Petition based on the grounds presented by Ms. Neha Gupta. A stay of subsistence allowance until the final disposal of the matter has also been procured.”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 11:28:32
passed in the judgment of Sanjay Kumar(Supra) .
CHANDRA DHARI SINGH, J
MAY 7, 2024 gs/db
Click here to check corrigendum, if any
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2024 at 11:28:32
2 issues framed by the court
Whether the respondents' non-payment of 50% subsistence allowance amounted to wilful disobedience of directions in W.P.(C) No. 7695/2022.
Whether mis-communication by counsel of the review petition order dated 08.01.2024 excuses the alleged contempt.
1 provisions across 1 enactments
Sanjay Kumar
Smt. Rachna Shah & Ors.
Chandra Dhari Singh
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
