Contempt proceedings shall not be initiated without disposing of main/interim application

Vishnu S Warrier
Founder, Lex-Warrier Foundation


Abstract

It would be improper for the apex court to conduct a probe into the facts and record the findings on any of the issues collateral to any civil suit, which is pending before any of the subordinate court. Supreme Court in Quantum Securities Pvt Ltd & Ors v. New Delhi Television Ltd., (2015) 10 SCC 602 observed that, if a contempt proceeding is initiated without disposing the main/interim application/suit, then such proceedings might cause prejudice to parties. In this case, the Honourable Court was of the opinion that it would be apposite to request the learned Single Judge to decide Notice of Motion No. 1553/2013 renumbered as 488/2014 arising out of Civil Suit No. 677/2013 renumbered as 284/2014 on merits in accordance with law preferably within three months from the date of receipt of copy of this judgment. Till it is decided, Court is inclined to stay the contempt proceedings out of which these appeals arise. After the disposal of the Notice of Motion, the contempt proceedings may be decided in accordance with law including its maintainability etc. Once the Notice of Motion is decided on merits in accordance with the law then the parties can work out their rights by taking recourse to legal remedies available to them for pursuing their grievance to higher fora either in appeal or revision, and may also prosecute the contempt proceedings arising out of the main case. The contempt proceedings out of which these appeals arise are stayed. After the disposal of the Notice of Motion, the contempt proceedings may be decided in accordance with law including its maintainability.

Keywords: Contempt of Court Act, Contempt Proceedings, NDTV, Quantum Securities, (2015) 10 SCC 602

Preferred Citation

Vishnu S Warrier, Contempt proceedings shall not be initiated without first disposing of main/interim application, The Lex-Warrier: Online Law Journal (2018) 9, pp. 415 – 417, ISSN (O): 2319-8338

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