LexM/S CHITHRA WOODS MANORS WELFARE ASSOCIATION versus SHAJI AUGUSTINE
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[2025] 4 S.C.R. 2707 : 2025 INSC 567 M/s Chithra Woods Manors Welfare Association v. Shaji Augustine (Contempt Petition (Civil) No. 712 of 2023 In SLP (Civil) No. 17433 of 2021) 24 April 2025 [Abhay S. Oka and Augustine George Masih,* JJ.] Issue for Consideration Whether the Respondent-alleged contemnor is guilty of civil contempt for non-compliance of the directions issued by this Court vide Order dated 07.11.2022. Headnotes† Contempt of Court Act, 1971 – s.2(b) – Civil contempt – When – Agreement entered between the Petitioner-Association and Respondent permitted the latter to occupy and use the Property of the Petitioner for 10 years on payment of licence fees – Persistent defaults in the payment of licence fees by the Respondent – Litigation between parties across forums; settlement Agreement arrived at however, Respondent again defaulted in making payment thereunder – Eventually, matter reached this court; vide order dtd. 07.11.2022 as an interim measure, Respondent was directed to pay arrears of use and occupation charges in six monthly instalments – Non-compliance by the Respondent alleging financial incapabilities – Contempt Petition filed by the Association: Held: 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 – All throughout, the Respondent had been in possession of the property and utilising the income generated from running of the said resort – Non-fulfilment of the mandate and direction of this Court which were at the request of the Respondent himself reflects his intent to not comply with the order rather to violate the same with impunity – The conduct clearly reflects that the intention of the Respondent was to gain the benefit by running the resort in the subject property without paying the current liability, what to say of the arrears – A party, * Author 2708 [2025] 4 S.C.R. Supreme Court Reports misguiding the Court to pass an order which was never intended to be complied with, would constitute an act of overawing the due process of law and, thus, commit contempt of Court – From the very beginning till the very end the Respondent took the Court for a ride – There has been intentional and deliberate non-compliance on the part of the Respondent of the order passed by this Court, contempt of which stands committed, but on getting an interim order of continuing in possession usurped the earnings instead of paying off the dues – Therefore, the malafide is writ large – Respondent guilty of Civil Contempt – 3 months simple imprisonment imposed with fine of INR 20,000/- – However, 30 days granted as one more opportunity to purge the contempt and comply with the Order dtd. 07.11.2022. [Paras 28, 31, 36, 41, 42] Case Law Cited In re Hira Lal Dixit and Two Others [1955] 1 SCR 677 : (1954) 2 SCC 325; Bank of India v. Vijay Transport and Others [2000] Supp. 3 SCR 685 : (2000) 8 SCC 512; Sitaram Enterprises v. Prithviraj Vardichand Jain [2024] 9 SCR 414 : 2024 SCC OnLine SC 2493 – referred to. List of Acts Contempt of Court Act, 1971. List of Keywords Contempt of Court; Civil contempt; Wilful disobedience; Non- payment of arrears of use and occupation charges; Malafide intention; Misguiding the Court; Misuse of the process of court; Intentional and deliberate non-compliance of the order of court; Wilful breach of an undertaking given to the Court; Not approaching the Court with clean hands; Tarnish the image of judiciary. Case Arising From INHERENT JURISDICTION: Contempt Petition (Civil) No. 712 of 2023 In SLP (Civil) No. 17433 of 2021 From the Judgment and Order dated 01.12.2023 of Supreme Court of India at New Delhi in SLP (C) No. 17433 of 2021 [2025] 4 S.C.R. 2709 M/s Chithra Woods Manors Welfare Association v. Shaji Augustine Appearances for Parties Advs. for the Petitioner: Nishe Rajen Shonker, Babu Karukapadath, Mrs. Anu K Joy, Alim Anvar. Advs. for the Respondent: Lakshmeesh S. Kamath, Mrs. Samriti Ahuja, Ms. Aditi Prakash, Karan Singh Dalal, Aditya Shenoy. Judgment / Order of the Supreme Court Judgment Augustine George Masih, J. 1. The instant Contempt Petition (Civil) No. 712 of 2023 (hereinafter referred to as “instant Petition”) in SLP (C) No. 17433 of 2021 (hereinafter referred to as “main Petition”) was filed during its pendency by M/s Chithra Woods Manors Welfare Association, being the Respondent No. 01 therein
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