P.K. SINGH versus M/S. S.N. KANUNGO AND OTHERS

P.K. SINGH versus M/S. S.N. KANUNGO AND OTHERS

Neither the appellant’s conduct nor the letters sent indicated willful or deliberate disobedience of the High Court’s judgment. Seeking adjustment of the decree under Order 21 Rule 2 CPC is not contempt, and once unconditional apology was accepted, costs should not have been imposed.

Parties
Appellant: P.K. Singh; Respondents: M/S S.N. Kanungo and Others
Jurisdiction
India
Judgment Date
18 February 2010
Procedural Posture
Civil Appeal / Final Appellate Decision
Outcome
Appeal allowed
Legal Topics
Willful Disobedience, Adjustment of Decree, Interest on Arbitral Award, Execution of Decree, Contempt Proceedings
Contempt of Court Civil Procedure Arbitration Willful Disobedience Adjustment of Decree Interest on Arbitral Award Execution of Decree Contempt Proceedings

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Parties

P.K. Singh

Appellant

M/S S.N. Kanungo and Others

Respondents

Procedural Posture

Civil Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the acts of the appellant amounted to willful and deliberate contempt by violating High Court's judgment.
  2. 2 Whether seeking adjustment of decree under Order 21 Rule 2 CPC can constitute contempt of court.

Ratio Decidendi

Neither the appellant’s conduct nor the letters sent indicated willful or deliberate disobedience of the High Court’s judgment. Seeking adjustment of the decree under Order 21 Rule 2 CPC is not contempt, and once unconditional apology was accepted, costs should not have been imposed.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court judgment set aside
  • Any cost recovered from appellant to be refunded