VidhiSangh

Supreme Court of India · 09/09/2024

M/S SITARAM ENTERPRISES versus PRITHVIRAJ VARDICHAND JAIN

[2024] 9 S.C.R. 414 · 2024 INSC 685

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court held a tenant guilty of civil contempt for wilfully failing to vacate shop premises within the nine months it had granted on dismissing his SLPs against an eviction decree, despite an undertaking, and for evading appearance; considering his age and health it sentenced him only till the rising of the Court, gave a final seven days to vacate failing which possession would be taken with police help, and made him bear the State's costs of executing the warrants.

Issues

  1. Whether the tenant had deliberately and wilfully disobeyed the Court's order of 06.06.2023 and his undertaking to vacate the premises within nine months.
  2. Whether the pendency of a curative petition or the tenant's personal circumstances justified further time or excused non-compliance.
  3. What sentence and directions were appropriate on a finding of contempt.

Provisions considered

Held

Result

Contempt petitions disposed of; contemnor held guilty and sentenced till the rising of the Court; he must hand over vacant possession of both premises within seven days, failing which possession is to be taken within the next seven days under a warrant of possession issued by the Judicial Magistrate, First Class, Borivali, with police help in the presence of a Court Commissioner, at his cost; State expenditure on the warrants to be intimated within four weeks and deposited by him within four weeks thereafter.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 414.