Supreme Court - Daily Orders
Ashok Shah vs Anita Joshi on 12 September, 2023
Bench: S. Ravindra Bhat, Aravind Kumar
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4250 OF 2023
ASHOK SHAH & ORS. .....Appellant(s)
Vs.
ANITA JOSHI .....Respondent(s)
WITH
CIVIL APPEAL NO. OF 2023
(@ SLP(C) No. 14146 of 2023
O R D E R
I.A. No. 73483 of 2023 – Application seeking amendment of appeal is allowed.
Leave granted.
The appellants are aggrieved to the extent that the impugned order imposed fine (₹ 2,000/- and ₹ 3,000/-) upon each of them. The non-compliance of the High Court’s judgment was alleged in respect of an order dated 15.02.2022 by which individuals were approached the High Court in writ proceedings and directed to be absorbed by the State of Madhya Pradesh. There was failure to adhere to the terms of the order which led to initiation of contempt proceedings. During the proceedings, the contempt was purged and the regularization/absorption orders were passed. The Signature Not Verified High Court accepted the apologies tendered by the appellants but at Digitally signed by NEETA SAPRA Date: 2023.09.16 12:42:48 IST Reason: the same time imposed sentence on the ground that its order dated 1 26.04.2022, (which had remarked that the appellants had not complied with the order and that such order had attained finality.
This Court is of the opinion that once a Court accepts the apology tendered by an alleged contemnor, further proceedings should not continue – at least to the extent of imposing sentence or fine as the High Court did in this case. In these circumstances, the impugned order to the extent that it records contempt and fine against the appellants is hereby set aside. Likewise, the direction to pay cost is also set aside.
The appeals are allowed, in the above terms.
...................J. (S. RAVINDRA BHAT) ....................J. (ARAVIND KUMAR) New Delhi;
September 12, 2023.
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ITEM NO.45 COURT NO.8 SECTION IV-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 4250/2023
ASHOK SHAH & ORS. Appellant(s)
VERSUS
ANITA JOSHI Respondent(s)
(IA No.195561/2022-CONDONATION OF DELAY IN FILING and IA No.195563/ 2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.195562/2022-EXEMPTION FROM FILING O.T., IA No. 73483/2023 - AMENDMENT OF APPEAL/PETITION) WITH SLP(C) No. 14146/2023 (IV-C) (IA No. 78979/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 78980/2023 - EXEMPTION FROM FILING O.T.) Date : 12-09-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE ARAVIND KUMAR For Appellant(s) Mr. Saurabh Mishra, AAG Ms. Mrinal Gopal Elker, AOR Mr. Divyansh Singh, Adv.
Mr. Saurabh Singh, Adv.
Ms. Aarushi Gupta, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R I.A. No. 73483 of 2023 – Application seeking amendment of appeal is allowed.
Leave granted.
The appeals are allowed in terms of signed order. All pending applications are disposed of.
(NEETA SAPRA) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER (NSH)
(Signed order is placed on the file) 3 4