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

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

Respondent No.1 (Dharmesh S. Jain) was held guilty of wilful disobedience of the Supreme Court and Bombay High Court orders and sentenced to seven days simple imprisonment; a fine of Rs.5,00,000 was imposed to be deposited before the Bombay High Court within two weeks, with Rs.4,00,000 to be paid to the petitioner and Rs.1,00,000 to be transferred to the Maharashtra State Legal Services Authority; the sentence is kept in abeyance for two weeks and will take effect if compliance does not occur, in which event respondent No.1 shall surrender to undergo the sentence.

Parties
Petitioner: URBAN INFRASTRUCTURE REAL ESTATE FUND; Respondent: Dharmesh S. Jain
Jurisdiction
India
Judgment Date
12 May 2022
Procedural Posture
Contempt Petition (civil) No.940/2021 / Disposed (sentence Imposed)
Outcome
Contempt petition disposed of; respondent No.1 sentenced to seven days simple imprisonment and a fine of Rs.5,00,000 imposed; the sentence is kept in abeyance for two weeks pending compliance.
Legal Topics
Wilful Disobedience, Sentence, Compliance With Court Orders, Amicable Settlement
Contempt of Courts Arbitration Civil Procedure Wilful Disobedience Sentence Compliance With Court Orders Amicable Settlement

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Parties

URBAN INFRASTRUCTURE REAL ESTATE FUND

Petitioner

Dharmesh S. Jain

Respondent

Procedural Posture

Contempt Petition (civil) No.940/2021 / Disposed (sentence Imposed)

Legal Issues

  1. 1 Whether the respondents wilfully disobeyed the orders of the Supreme Court and the Bombay High Court
  2. 2 What is the appropriate quantum of punishment for the contempt proved

Ratio Decidendi

Respondent No.1 (Dharmesh S. Jain) was held guilty of wilful disobedience of the Supreme Court and Bombay High Court orders and sentenced to seven days simple imprisonment; a fine of Rs.5,00,000 was imposed to be deposited before the Bombay High Court within two weeks, with Rs.4,00,000 to be paid to the petitioner and Rs.1,00,000 to be transferred to the Maharashtra State Legal Services Authority; the sentence is kept in abeyance for two weeks and will take effect if compliance does not occur, in which event respondent No.1 shall surrender to undergo the sentence.

Court Disposition

Contempt petition disposed of; respondent No.1 sentenced to seven days simple imprisonment and a fine of Rs.5,00,000 imposed; the sentence is kept in abeyance for two weeks pending compliance.

Orders

  • Respondent No.1 (Dharmesh S. Jain) sentenced to undergo seven days simple imprisonment.
  • Fine of Rs.5,00,000 imposed on the respondents to be deposited before the High Court of Judicature at Bombay within two weeks.