Delhi High Court
Shyam Sunder Tyagi vs Nirmal Jindal & Ors. on 30 May, 2022
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 30.05.2022
+ CONT.APP.(C) 13/2022
SHYAM SUNDER TYAGI ..... Appellant
Through: Mr.Ajay Garg, Ms.Tripti Gola,
Ms.Prashi Tyagi, Mr.Harjot Singh &
Mr.Devashish Shandilya, Advocates.
versus
NIRMAL JINDAL & ORS. ..... Respondents
Through: Ms.Vertika Sharma, Advocate for
Respondent No.1.
Mr.Sameer Vashisht, ASC (Civil)
GNCTD for Respondent Nos.2 to 4.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
CM APPL. 24742/2022 (exemption)
1. Allowed, subject to just exceptions.
2. The application is accordingly disposed of.
CONT. APP. (C) 13/2022 & CM APPL. 24741/2022
3. By way of present contempt appeal, appellant seeks setting aside of
the order dated 07.03.2022 holding the appellant guilty of committing the
contempt of court under Section 2(b) & 12 of Contempt of Courts Act, 1971
and order dated 13.05.2022 sentencing the appellant to undergo 45 days of
simple imprisonment along with fine of Rs.2,000/- passed by this court.
4. In compliance to order dated 25.05.2022, the Pairokar of the appellant
has filed an affidavit wherein it is stated as under:
"......appellant is uneducated having studied upto 2nd
standard. His occupation is mainly farming/agriculture
and he has 1/4th holding in about 24 acres of joint family
agricultural land in Samalkha, Panipat, Haryana and
1/4th share in 36 Bighas ancestral agricultural land in
Delhi and these lands are under self-cultivation as per
revenue records also. The appellant had also taken loan
on agriculture under Kisan Samarth scheme. His
residence is in Khasra 278, Burari measuring about 1.4
Bighas and his share is 1/12 in the same. The dependent
family members of appellant do not own any property.
The total annual income of the appellant in the year
2020-21 is about INR 5,94,020/-. Besides, farming the
appellant is also investing in small properties for
additional income, since he had faced regular losses in
agriculture."
5. Learned counsel appearing on behalf of the appellant, submits that
appellant does not dispute the order dated 07.03.2022, by virtue of which he
was held guilty for committing the contempt of court, however, he submits
that appellant has already undergone 17 days out of total 45 days of simple
imprisonment awarded in the contempt proceedings. Further, the appellant
through his Pairokar is ready to give an undertaking to the effect that he will
not commit any similar acts of contempt in the future and is also ready to
pay an amount of Rs.5 lacs if he is released on the sentence already
undergone and pleads to waive off his remaining part of imprisonment.
6. Mr. Ajay Garg, learned counsel for the appellant, on instructions,
offers a compensation amount of Rs. 5 lac which has been accepted by
Ms.Vertika Sharma, learned counsel appearing on behalf of respondent no.1.
7. Accordingly, in the interest of justice and considering the undertaking
given by the Pairokar that the appellant shall not commit such contempt in
future, we hereby direct the appellant to pay an amount of Rs.4 lacs in
favour of Nirmal Jindal, respondent no.1 within 3 days and also pay an
amount of Rs.1 lac to the Blind Sewa Kuteer, Kingsway Camp, Delhi within
3 days for utilization thereof to the welfare of the blind students therein.
8. It is made clear that on deposit of the said amount, receipt of the same
shall be furnished before Jail Superintendent concerned and on furnishing
the same, Jail Superintendent is directed to release the appellant on the
sentence already undergone.
9. We hereby modify order dated 13.05.2022 to the extent that sentence
of imprisonment had already been undergone by the appellant .
10. Needless to state that order passed in the contempt petition and by this
court shall not come in the way of deciding the matter pending before
revenue authorities and the order shall be passed as per law.
11. In view of above directions, present appeal as well as pending
applications, if any, stand disposed of.
12. Order dasti under signatures of the Court Master.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
MAY 30, 2022/ab
