VidhiSangh

Supreme Court of India · 06/09/2023

BALWANTBHAI SOMABHAI BHANDARI versus HIRALAL SOMABHAI CONTRACTOR (DECEASED) REP. BY LRS. & ORS.

[2023] 11 S.C.R. 1064 · 2023 INSC 805

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Summary

The Supreme Court upheld contempt findings and cancellation of property sales made despite counsel’s authorised assurance to the High Court that the property would not be sold pending the case. The assurance was an undertaking to the court, and deliberate breach was proved beyond reasonable doubt. A contempt court may reverse transactions to remove the benefits of disobedience even though lis pendens alone does not automatically void a transfer. The purchasers’ objections and the contemnors’ apologies did not justify interference.

Issues

  1. Whether counsel’s authorised assurance constituted an undertaking to the court and its breach civil contempt.
  2. Whether the contempt court could annul the sales and reject purchasers’ claim to necessary-party status.
  3. Whether the apologies warranted discharge or remission.

Provisions considered

Held

Result

All three appeals dismissed without costs, sustaining the contempt punishment and cancellation/restoration directions. Appellants granted two weeks to surrender and serve the sentences imposed by the High Court.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 1064.