Civil contempt


Respected Lawyers,

Kindly guide me as to whether a Decree-Holder/Plaintiff can initiate prosecution for 'Civil Contempt' under Section 2(b) of the Contempt of Courts Act, 1971.

Brief Facts :-
Plaintiff filed a suit under Order XXXVII of CPC for recovery of Rs. 2.25 Lacs at a District Civil Court in Maharashtra. Suit was partly decreed in favour of Plaintiff. Decree was ex-parte.
Execution Petition was filed since no appeal was preffered by Plaintiff nor did Respondents filed appeal in High Court within 3 months from the Date of Decree. After 6 months from the Date of Decree, the Respondents(now Judgment Debtors) appeared in the Court requesting the Court not to execute the Decree. Thereafter, the 2 Respondents gave in writing to the Court that they will pay Rs. 25,000/- months towards the Satisfaction of Decree.
Last payment was made by them in 2nd week of July,2016 amounting to Rs.25,000/-.
It's already 3rd week of August and no payments have been made by the Respondents(J.D.)

Questions :-

1. Can a Decree-Holder apply or notify the Court about the Breach of Undertaking by the Respondents ?

2. Since, its a civil suit between 2 private entities. Is it necessary to inform Advocate General/Public Prosecutor or Govt. Pleader about the Contempt of Court by Repondents ?

3. The next hearing is listed on Octber,14th in this matter. Can Decree-Holder inform the Court about the Contempt by Respondents before October,14th ?

4. How much court fee/costs is to be deposited by the Decree-Holder if he can initiate the Contempt Proceedings in person ?

Kindly advice about the correct procedure to be adopted for initiating proceedings for Civil Contempt in this Case ?

Regards,
Env Coord.

 
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Advocate & Solicitor at Law

A contempt petition would be maintainable. The same can simultaneously go on alongwith the execution proceedings.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

 
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There is no disobedience of court order so contempt petition is not maintainable.get executed the decree.
 
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