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Supreme Court of India 2020-03-19 allowed

SHYAM SAHNI vs ARJUN PRAKASH

Bench: 3 — R. Banumathi, Ashok Bhushan, A.S. Bopanna

In Brief

A property dispute spanning 2008 involved a plaintiff seeking declaration, injunction and possession of a residential property against defendants who allegedly breached court-ordered injunctions by mortgaging the property to banks. The single judge directed the defendant to deposit his passport to ensure attendance after he filed repeated broken undertakings. The High Court Division Bench set aside this order. The Supreme Court allowed the appeal, holding that directing deposit of passport in contempt proceedings (to ensure presence and compliance) is distinct from impounding it, and is within the court's jurisdiction. The main suit was directed for expeditious disposal within nine months.

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Civil Procedure Contempt of Court Interim Relief Injunction Passport Deposit Court's Power to Ensure Compliance

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