In the instant case, Allahabad High Court ruled that Courts should not entertain contempt petitions filed for non-execution of orders if other remedies are available.
In the instant case, the applicant is a landlord who has filed a suit in the Small Cause Court to vacate the premises against the respondent West Watch Company. The Court vide order dated 04.10.2011 directed the respondent to vacate the premises within 30 days.
Aggrieved, the respondent filed a rent appeal before the Additional District Judge, which was dismissed by the Court.
After that, the respondent moved the Allahabad High Court, where the Court allowed his appeal. However, the landlord approached the Supreme Court. Vide order dated 24.04.2020 the Supreme Court set aside the order passed by the writ Court and affirmed the order passed by the Prescribed Authority and gave the tenant six months to vacate premises.
When the respondent did not vacate the premises, the landlord filed a petition u/s 10 of the Contempt of courts Act.
Arguments before the High Court
Counsel for the applicant submitted that he has already filed an execution petition and contended that the instant contempt petition would also be maintainable u/s 10 of the Act.
Reasoning and Order of the Court
The Court opined that the contempt petition filed under Section 10 of the Act of 1971 despite admittedly an execution case having been filed by the applicant would not be maintainable.
To arrive at a conclusion mentioned above, the Court relied on Supreme Court’s judgement in E Bapanaiah vs KS Raju wherein Apex Court held that that general provision of the Contempt of Court Act is not invoked by High Court because there are other remedies provided under Civil Procedure Code to execute orders and decrees.
In other words, if there are remedies available, the litigants should not rush to the High Court to make someone obey the order passed by a subordinate court.
The Court held that the instant contempt petition is not maintainable because the applicant has already filed an execution petition.
Title: Mohammad Asif Naseer vs West Watch Co.
Case No.: CONTEMPT No. – 106 of 2021
Date of Order:18.01.2021
Coram: Hon’ble Justice Abdul Moin