Urban Infrastructure Real Estate Fund vs Dharmesh S. Jain Case

Urban Infrastructure Real Estate Fund vs Dharmesh S. Jain Supreme Court Case 2022

Landmark Cases of India / सुप्रीम कोर्ट के ऐतिहासिक फैसले

REPORTABLE

IN THE SUPREME COURT OF INDIA

INHERENT JURISDICTION

CONTEMPT PETITION(CIVIL) NO.940/2021

IN

MISCELLANEOUS APPLICATION NO.1668/2021

IN

SPECIAL LEAVE PETITION(CIVIL) NO.14724/2021

Urban Infrastructure Real Estate Fund …Petitioner

Versus

Dharmesh S. Jain and Another …Respondents/

 Contemnors

O R D E R

M.R. SHAH, J.

1. Vide detailed judgment and order dated 10.03.2022 passed in the

aforesaid Contempt Petition, this Court held the respondents guilty, more

particularly, respondent No.1 herein – Dharmesh S. Jain, for the

contempt of this Court for wilful disobedience of the order dated

28.10.2021 passed by this Court in Miscellaneous Application No. 1668

of 2021 in Special Leave Petition (Civil) No. 14724/2021, as also, for

wilful disobedience of the order passed by the High Court dated

08.08.2019 in Notice of Motion No. 960 of 2019 in Commercial

Arbitration Petition No. 55 of 2019 and the respondents herein rendered

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themselves liable for suitable punishment under the provisions of the

Contempt of Courts Act. By the aforesaid judgment and order dated

10.03.2022, the respondents/contemnors were required to be heard on

the quantum of sentence. Accordingly, on 22.03.2022, the matter was

placed before the Bench for further hearing on the quantum of sentence.

2. We have heard Shri Vikas Singh, learned Senior Advocate

appearing on behalf of the contemnors on the quantum of sentence.

However, at his request, the order on the quantum of sentence was

deferred, so as to enable the respondents/contemnors to either enter

into an amicable settlement with the petitioner or to comply with the

orders passed by this Court and the High Court, of which they are held

guilty for wilful disobedience.

3. Thereafter, Shri Vikas Singh, learned counsel appearing on behalf

of the respondents/contemnors was called upon by the Court with regard

to the latest developments which might have a bearing on the imposing

of a suitable sentence. Shri Vikas Singh, learned counsel appearing on

behalf of the respondents/contemnors stated at the Bar that though the

respondents/contemnors have tried to settle the dispute amicably with

the petitioner, but there is no final settlement arrived at between the

parties. The fact remains that even after the respondents are held guilty

for wilful disobedience of the orders passed by this Court as well as the

High Court vide judgment and order dated 10.03.2022, and even

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thereafter giving sufficient opportunities to the respondents/contemnors

to either comply with the orders of this Court and the High Court, of

which wilful disobedience is proved and they are held liable to be

punished suitably under the provisions of the Contempt of Courts Act, or

to settle the dispute amicably with the petitioner herein, neither the

respondents/contemnors have complied with the orders passed by this

Court as well as the High Court nor have they settled the dispute

amicably.

4. In the above circumstances and in furtherance of our earlier

judgment and order dated 10.03.2022 whereby the respondents, more

particularly, respondent no.1 has been held guilty for wilful disobedience

of the order passed by this Court dated 28.10.2021 in Miscellaneous

Application No. 1668 of 2021 in Special Leave Petition (Civil) No.

14724/2021, as also, the order passed by the High Court dated

08.08.2019 in Notice of Motion No. 960/2019 in Commercial Arbitration

Petition No. 55/2019 and rendered himself liable for suitable punishment

under the provisions of the Contempt of Courts Act and even thereafter

granting them sufficient opportunities to either settle the dispute

amicably or comply with the orders of this Court and the High Court,

neither the orders have been complied with nor the dispute has been

settled amicably, we hereby sentence respondent No.1 – Dharmesh S.

Jain to undergo seven days simple imprisonment, as also, impose a fine

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on both the respondents, which is quantified as Rs. 5,00,000/- (rupees

five lakhs), to be deposited before the High Court of Judicature at

Bombay within a period of two weeks from today and on such deposit,

Rs. 4,00,000/- (rupees four lakhs) be paid to the petitioner herein and

Rs.1,00,000/- (rupees one lakh) be transferred to the Maharashtra State

Legal Services Authority. However, so as to give one last opportunity to

the contemnor to purge the contempt and comply with the orders passed

by the Bombay High Court as well as this Court, it is observed that the

aforesaid sentence shall be kept in abeyance for a period of two weeks

from today, failing which, the aforesaid sentence shall take effect and on

non-compliance, the respondent No.1 herein – Dharmesh S. Jain will

then surrender before the concerned Court/Authority to undergo the

sentence imposed by this Court, i.e., seven days simple imprisonment

for a wilful disobedience of the orders passed by this Court and the High

Court.

5. The present contempt petition stands disposed of in the aforesaid

terms.

………………………………J.

[M.R. SHAH]

NEW DELHI; ………………………………J.

MAY 12, 2022. [B.V. NAGARATHNA]

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