Efficient judicial functioning is jeopardized when parties are permitted to backtrack from their commitments without providing any justifiable reasons, as emphasized by the Delhi High Court

Case: THE STATE TRADING CORPORATION OF INDIA LTD v. SHEELA ABHAY LODHA & ORS

Coram: Justice Jasmeet Singh

Case no.: CONT.CAS(C) 232/2015

Court Observation: “If undertakings are given and the parties are permitted to resile from the same without any reasons, the judicial system cannot function. The Court in contempt proceedings is to ensure that the dignity and majesty of the Court are maintained and any act and conduct of a party tantamount to lowering the dignity and majesty of the Court would amount to contempt,”

“For the said reasons, I am of the view that the Respondent No. 2 is guilty of contempt and must be punished accordingly. The Respondent No. 2 is given 4 weeks to file a reply to show-cause as to why he should not be punished for contempt for non-compliance of the undertaking given before the learned MM on 04.08.2014,”

“…apology may be considered as a mitigating circumstance. However, the apology has to be seen with regard to the nature of disobedience and the pre and post circumstances surrounding the apology,”

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Keywords

Efficient judicial functioning is jeopardized when parties are permitted to backtrack

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