2022 (9) TMI 530 - SC - Indian Laws

Levy of Occupation charges - effect of the order passed by this Court, in case of non-payment of the charges - HELD THAT - When an order has been passed by this Court, it has to be given effect in letter and spirit. An order passed by this Court cannot be permitted to be treated as a paper order. The spirit behind the order dated 23.08.2016 passed by this Court is clear that in the event the respondent fails to clear the arrears, he will not be permitted to defend her case and the trial will proceed without her defence. The learned trial Judge has permitted indirectly to do what has been prohibited directly by this Court vide order dated 23.08.2016 - the orders passed by the learned Civil Judge (Senior Division) dated 14.01.2022 and 08.04.2022 is modified and it is clarified that the respondent-defendant would be permitted only to cross-examine the plaintiff with regard to the documents produced by the plaintiff. The contempt petition is disposed off.

Summary

Issues:
1. Non-payment of occupational charges as directed by the Supreme Court.
2. Interpretation of the Supreme Court order regarding striking off evidence and defense.
3. Challenge to the orders passed by the Civil Judge.
4. Compliance with the Supreme Court order and modification of the Civil Judge's orders.
5. Payment of occupational charges and resolution of the contempt petition.

Detailed Analysis:
1. The Supreme Court had directed the respondents to pay occupational charges from 01.05.2006 to 31.08.2016, failing which the evidence filed in the case would be struck off. The respondent did not comply with this directive, leading to the matter being brought before the Court again. The Court reiterated that the order must be followed in letter and spirit, emphasizing that non-compliance would result in the respondent not being allowed to defend her case, and the trial proceeding without her defense.

2. The Civil Judge (Senior Division) made observations regarding the reopening of further cross-examination of a witness and the defendant's right to present evidence. The Judge noted that the Supreme Court's order did not strike off the defense of the defendant, allowing for the presentation of relied documents. However, the Supreme Court clarified that the respondent-defendant would only be permitted to cross-examine the plaintiff regarding the documents produced by the plaintiff, in line with the original directive.

3. The respondent's counsel argued that the orders of the Civil Judge had not been challenged before a superior forum and could not be raised as a grievance for the first time before the Supreme Court. The Court emphasized the importance of upholding its orders and ensuring their implementation without deviation.

4. In light of the non-compliance by the respondent and the misinterpretation of the Supreme Court order by the Civil Judge, the Supreme Court modified the Civil Judge's orders to align with the original directive. The respondent was directed to pay occupational charges regularly from November 2022 onwards at an increased rate, thereby resolving the contempt petition.

5. The resolution of the contempt petition and the modification of the Civil Judge's orders marked the conclusion of the case, with pending applications being disposed of accordingly. The Court's decision aimed to uphold the integrity of its orders and ensure compliance with the directives issued in the case.