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M/S Sitaram Enterprises vs Prithviraj Vardichand Jain

Not available · 2024 INSC 685Decided 9 Sept 2024
Not available
Justice J.K. Maheshwari · Justice Rajesh Bindal

Background

The landlord (petitioner) had obtained eviction decrees against the tenant (respondent) from the Mumbai Small Causes Court, which were upheld through several rounds of appeal, revision, and review, ultimately reaching the Supreme Court. In June 2023, the Supreme Court dismissed the tenant's Special Leave Petitions and gave him nine months to vacate the premises on furnishing an undertaking, warning that breach could invite contempt proceedings. The tenant neither furnished the undertaking on time nor vacated the property even after the nine-month deadline passed, prompting the landlord to file contempt petitions.

Decision Breakdown

The Court traced a pattern of deliberate delay: the tenant filed unsuccessful review petitions and extension applications, avoided personal appearance despite repeated court directions, misled police officials about his whereabouts when a non-bailable warrant was issued, and was eventually produced in court in custody. The Court held that this conduct amounted to wilful and deliberate contempt of its June 2023 order, rejected his plea to wait for a pending Curative Petition (not a matter of right), and found him guilty of contempt. Considering his age and health, the Court sentenced him only to detention till the rising of the court (rather than jail) but ordered him to hand over vacant possession within seven days, failing which police-assisted forcible possession would follow, with all associated costs recoverable from him.

Lesson Learnt

Deliberately evading a Supreme Court order, including misleading the police to avoid arrest, can result in a contempt conviction even where the underlying dispute (like a landlord-tenant eviction) has already been finally decided; courts will use contempt powers to enforce compliance with their orders.

Official source (sci.gov.in)View Judgment (PDF)

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