Contempt of court order – Joint Development Agreement for a land -while selling a flat to the intending purchasers, did not disclose the pendency of the suit as per the orders of High Court

  1. 2020 APEX COURT [31 ]-Contempt of court order – Joint Development Agreement for a land – Order XXXIX, Rule 1 and 2 of Code of Civil Procedure seeking for an order of temporary injunction restraining the appellant (& other accused persons) from alienating the suit property till the disposal of the suit- trial court dismissed the same -The High Court, vide order dated 06.12.2017, disposed of the appeal directing the appellant & other accused persons that whenever they sell a flat to the intending purchaser, they should make it clear that the sale is subject to the result of the suit.- Section 2(b) of the Contempt of Courts Act, 1971, stating that the appellant, while selling a flat to the intending purchasers, did not disclose the pendency of the suit. The High Court, vide impugned order dated 25.10.2019, held the accused persons guilty for contempt of its order and sentenced the contemnors, including the appellant herein, to undergo simple imprisonment for a period of one month with a fine of Rs. 2000/-. – The Apex court held that we deem it fit and appropriate that the sentence of the appellant be reduced from one month to 15 days. However, we deem it fit to enhance the fine amount to Rs. 5,00,000/- (Rupees Five Lakhs) to be paid to Supreme Court Employees Mutual Welfare Fund within one month from today.