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Supreme Court of India 2023-09-06 dismissed

BHANDARI vs HIRALAL SOMABHAI CONTRACTOR

Bench: 2 — J.B. Pardiwala, Manoj Misra

In Brief

A developer's power-of-attorney holder executed 13 property sale deeds after counsel gave an undertaking to the High Court that the property would not be sold pending litigation. The High Court held the developer guilty of contempt, declared the sales void, and imposed imprisonment and fines. The Supreme Court upheld the decision, establishing that counsel's assurance on court-sanctioned matters is a binding undertaking to the court (not just the other party), and willful breach constitutes civil contempt. The Court held that though transfers pendente lite are not void ab initio, contempt courts can declare them void to preserve judicial majesty. Bona fide purchasers are not necessary parties to contempt proceedings. The Court rejected the developers' apology as belated and tactical, holding that apologies need not be accepted when conduct is serious and has damaged court dignity, and dismissed all appeals while granting two weeks to surrender.

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Contempt of Court Civil Contempt Undertakings to Court Breach of Court Orders Transfer of Property Pendente Lite Apology and Remorse Majesty of Law

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