VidhiSangh

Supreme Court of India · 12/05/2022

URBAN INFRASTRUCTURE REAL ESTATE FUND versus DHARMESH S. JAIN AND ANOTHER

[2022] 3 S.C.R. 180 · 2022 INSC 564

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Summary

By a judgment of 10.03.2022 the Supreme Court had held the respondents, particularly Dharmesh S. Jain, guilty of contempt for wilful disobedience of its order of 28.10.2021 and of the Bombay High Court's order of 08.08.2019 in a commercial arbitration matter, reserving the question of sentence. Sentencing was deferred at the contemnors' request to allow them either to comply with the orders or to settle with the petitioner fund; their counsel later stated that no final settlement had been reached. Since neither compliance nor settlement followed despite sufficient opportunities, the Court sentenced the first respondent to seven days' simple imprisonment and fined both respondents Rs. 5,00,000, keeping the sentence in abeyance for two weeks as one last opportunity to purge the contempt.

Issues

  1. What sentence should be imposed on contemnors found guilty of wilful disobedience of orders of the Supreme Court and the High Court who, despite repeated opportunities, have neither complied with those orders nor settled the dispute with the petitioner.

Provisions considered

Held

Result

Contempt Petition (Civil) No. 940 of 2021 disposed of: respondent No. 1, Dharmesh S. Jain, sentenced to seven days' simple imprisonment and both respondents fined Rs. 5,00,000, to be deposited before the Bombay High Court within two weeks (Rs. 4,00,000 to the petitioner, Rs. 1,00,000 to the Maharashtra State Legal Services Authority); the sentence kept in abeyance for two weeks to permit compliance with the orders of 28.10.2021 and 08.08.2019, failing which it takes effect and respondent No. 1 must surrender.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 180.