High Court Civil Contempt Petition for Wilful Disobedience of Court Order

IN THE MATTER OF:

Name of Petitioner
Address: ____________________________________________
...PETITIONER

VERSUS

Name and designation of alleged contemnor
Address: ____________________________________________
...ALLEGED CONTEMNOR / RESPONDENT

CIVIL CONTEMPT PETITION UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 2(b), 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971

TO
THE HON'BLE CHIEF JUSTICE AND HIS/HER COMPANION JUSTICES OF THE HIGH COURT OF ____________

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH:

SYNOPSIS

The present petition seeks action for alleged wilful disobedience of the judgment/order dated ____________ passed by this Hon'ble Court in case title and number. The operative direction required identify the precise person/authority to quote or accurately summarise the direction by/within ____________.

The alleged contemnor had knowledge of the order and the capacity to comply, but has allegedly failed/refused to do so despite service, reminders, representations or opportunities. The facts relied upon to establish wilfulness are stated below.

LIST OF DATES AND EVENTS

FACTS

1. The Petitioner was petitioner/respondent/applicant in the above-mentioned proceedings and is affected by the alleged non-compliance with the order dated ____________.

2. By judgment/order dated ____________, this Hon'ble Court directed as follows: set out the material operative direction accurately. A true copy of the judgment/order is annexed as ANNEXURE P-1.

3. The alleged contemnor had knowledge of the order because represented by counsel / personally present / formally served / received official communication / acted upon part of the order. Supporting material is annexed as ANNEXURE P-2.

4. Compliance was required by/on ____________. The alleged contemnor had authority and practical ability to comply because state the relevant facts.

5. The alleged contemnor nevertheless failed/refused to comply in the following manner: identify the precise omission, refusal or contrary act.

6. On ____________, the Petitioner called upon the alleged contemnor to comply by letter/email/representation. A copy is annexed as ANNEXURE P-3. The alleged contemnor did not respond / refused / responded as follows.

7. The disobedience is deliberate and wilful because state specific facts such as repeated opportunities, express refusal, selective compliance, absence of legal impediment or admitted knowledge.

8. Proceedings before the Supreme Court, if any. State whether an SLP/appeal was filed; whether any stay or modification was granted; and the present status. Do not state that the High Court order became unenforceable merely because an SLP was filed unless an operative stay/modification exists.

9. Limitation. The contempt complained of is stated to have occurred on ____________ when describe the alleged breach. The present proceedings are within the period prescribed by Section 20 of the Contempt of Courts Act, 1971. Where reliance is placed on later or repeated acts, the material dates and legal basis should be separately stated.

10. No parallel substantive relief. The Petitioner does not seek enlargement or modification of the original direction in contempt jurisdiction. The present petition is confined to alleged wilful disobedience of the existing order and lawful consequential directions.

GROUNDS

1. The judgment/order dated ____________ contains a clear and binding direction capable of compliance.
2. The alleged contemnor had knowledge of the judgment/order before the obligation to comply arose.
3. The alleged contemnor had the authority and practical ability to comply with the direction.
4. The failure is not merely technical, accidental or attributable to genuine impossibility; the facts pleaded demonstrate deliberate and wilful disobedience.
5. Repeated requests/opportunities for compliance were disregarded without sufficient lawful justification.
6. The acts/omissions complained of therefore fall within Section 2(b) of the Contempt of Courts Act, 1971, subject to the satisfaction of this Hon'ble Court.

PRAYER

In view of the above, it is respectfully prayed that this Hon'ble Court may be pleased to:

i. issue notice to the alleged contemnor in accordance with the applicable High Court contempt rules;

ii. initiate appropriate civil contempt proceedings for the alleged wilful disobedience of the judgment/order dated ____________;

iii. direct compliance with the operative directions of this Hon'ble Court within such period and on such terms as the Court considers appropriate;

iv. upon being satisfied that contempt is established, pass such order under Article 215 and the Contempt of Courts Act, 1971 as is warranted by law; and

v. pass any other or further order deemed just and proper.

PETITIONER

THROUGH

COUNSEL FOR THE PETITIONER

Place: ____________
Date: ____________

AFFIDAVIT

I, name of deponent, aged about ____ years, S/o / D/o / W/o ____________, resident of ____________________________________________, solemnly affirm and state:

1. I am the Petitioner/deponent in the accompanying contempt petition and am competent to swear this affidavit.

2. The statements in paragraphs ____ to ____ are true to my personal knowledge; statements derived from records are based on records believed to be true; and the legal submissions are based on advice received and believed to be correct.

3. The annexures filed with the petition are true copies of their respective originals/records.

DEPONENT

VERIFICATION

Verified at ____________ on this ____ day of ____________, 20__, that the contents above are true and correct to my knowledge and belief and nothing material has been concealed.

DEPONENT