# In the matter of Ankur Jain & Ors. Scindia Potteries and Services Private Limited CONT. APP. (C) 8-2023 & CM APPL. 5097,5098 & 5099-2023

> HC judgment dated 2023-03-07. Citation: TCN-2023-HC-00078. This case involves a contempt appeal filed by Ankur Jain against the judgment and orders dated…

- **Court:** HC
- **Order date:** 7 Mar 2023
- **Citation:** TCN-2023-HC-00078
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/ankur-jain-ors-scindia-potteries-and-services-private-limited-cont-app-c-8-2023-1efd624b

## Summary

### Background

This case involves a contempt appeal filed by Ankur Jain against the judgment and orders dated 02.03.2020 and 31.01.2023, whereby he was held guilty of contempt in CONT. CAS.(C) 661/2019 and sentenced to 3 months' simple imprisonment with a fine of Rs.2,000/-. The original dispute stems from a suit filed by Scindia Potteries & Services Pvt. Ltd. against Dr. J.K. Jain & Anr. in June 2001, seeking mandatory and permanent injunctions, recovery of use and occupation, physical and vacant possession, and recovery of mesne profits. The Trial Court decreed the suit in favor of Scindia Potteries on 17.07.2017. Dr. J.K. Jain filed an appeal, and the High Court granted a conditional stay on 23.11.2017, requiring the deposit of 50% of the decreetal amount and monthly user

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## Facts

Scindia Potteries & Services Pvt. Ltd. filed a suit against Dr. J.K. Jain & Anr. in June 2001 for mandatory and permanent injunctions, recovery of use and occupation, physical and vacant possession, and recovery of mesne profits regarding property located in Scindia Potteries Compound, Sarojini Nagar, New Delhi. The Trial Court decreed the suit in favor of Scindia Potteries on 17.07.2017. Dr. J.K. Jain filed an appeal (RFA No.857/2017) against the judgment. On 23.11.2017, the High Court granted a conditional stay on the execution of the decree, requiring Dr. J.K. Jain to deposit 50% of the decreetal amount with up-to-date interest and monthly user and occupation charges at Rs.7.5 lacs per month. Dr. J.K. Jain expired on 05.03.2018. Ankur Jain, his son and legal

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## Issues and analysis

### Issue 1: Whether the impugned orders suffer from non-application of mind and are in clear violation of …

**Ratio:** The court has the power to punish for contempt, and this power cannot be abrogated or

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**Reasoning:** The court found that the appellant had repeatedly failed to comply with undertakings

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**Interpretation:** The court interpreted the relevant provisions of the Contempt of Courts Act and

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**Application:** The court applied the ratio to the facts of the case, finding that the

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## Parties

- **Judges:** SURESH KUMA…; NEENA BANSAL…
- **Appellants:** ANKUR…
- **Respondents:** Noida Software…; SCINDIA POTTERIES…

## Timeline

- **2001-06-01 — Suit Fil…**: Scindia Potteries & Services Pvt. Ltd.…
- **2017-07-17 — Trial Court…**: The Trial Court decreed the suit…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 151 — Rights of bankruptcy trustee](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-151)

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