2015 (7) TMI 788 - HC - Customs

Contempt of court - failure to decide the matter within time directed by the HC - Held that - When there is Court s order and which directs the Authority like the Commissioner of Customs to decide the case within a particular time frame, then, it is his bounden duty to adhere to it. If there are any difficulties in following and abiding by the schedule prescribed in the Court s order, then, appropriate applications have to be made seeking extension of time and the Court must be appraised of all developments and difficulties. It is when the Court extends time, then, the matter can be decided within that extended period, else all such authorities are aware of the consequences of not complying with the Court s order and in time. They could be visited with personal costs and consequences such as entering displeasure of this Court in their service record - Proceedings of contempt of court dropped - Appeal disposed of.

Summary

Issues: Contempt of Court for Delay in Compliance with Court Order

Analysis:

1. Contempt of Court for Delay in Compliance with Court Order:
The High Court heard arguments from both parties represented by learned counsels. The Respondent's affidavit acknowledged the delay in compliance and tendered an unconditional apology, attributing the delay to non-deliberate or malafide reasons. The Court emphasized that when a Court order directs an Authority to decide a case within a specific timeframe, strict adherence is mandatory. Any difficulties in compliance require formal applications for time extensions, keeping the Court informed. Failure to comply may result in personal costs, consequences, and displeasure of the Court. The Court warned against accepting belated explanations in the future and dropped the contempt proceedings without imposing costs, considering the unique circumstances of the case.

2. Conclusion:
The High Court, in the judgment, clarified the importance of timely compliance with Court orders, highlighting the consequences of non-adherence. While acknowledging the Respondent's apology, the Court emphasized the need for proactive communication in case of difficulties in meeting deadlines set by Court orders. The judgment serves as a reminder to all authorities to prioritize timely compliance to avoid facing contempt proceedings and associated repercussions.