VidhiSangh

Supreme Court of India · 24/04/2025

M/S CHITHRA WOODS MANORS WELFARE ASSOCIATION versus SHAJI AUGUSTINE

[2025] 4 S.C.R. 2707 · 2025 INSC 567

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Summary

The Supreme Court held a licensee of a resort property guilty of civil contempt for wilfully disobeying its interim order directing payment of use and occupation charges and arrears, rejecting the plea of penury raised for the first time after prolonged non-compliance, and sentenced him to three months' simple imprisonment and a fine, suspended for 30 days to allow him to purge the contempt.

Issues

  1. Whether the respondent's failure to pay any part of the use and occupation charges and arrears directed by the Supreme Court's order dated 07.11.2022 amounted to wilful disobedience constituting civil contempt.
  2. Whether the respondent's plea that non-compliance was due to financial incapacity, and not deliberate, was a defence to the charge of contempt.
  3. What punishment was warranted for the contempt.

Provisions considered

Held

Result

Contempt proceedings disposed of; respondent held guilty of civil contempt and sentenced to three months' simple imprisonment with a fine of Rs. 20,000 payable within two weeks (default: one further month's simple imprisonment); punishment to take effect only if the order dated 07.11.2022 is not complied with within 30 days of the judgment, with a compliance report to the Registrar (Judicial) a week thereafter.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 2707.