Full Text
HIGH COURT OF DELHI
Date of Decision: 22nd March, 2024
GREENFIELD RESIDENTS WELFARE SOCIETY (GRSW) ..... Petitioner
Through: Mr. Pradeep Aggarwal and Mr. Arjun Aggarwal and Mr. Bhaskar Aditya, Advs. for
Greenfield Plot Holder-cum- Residential Welfare
Association.
Through: None.
JUDGMENT
1. This is a contempt petition instituted under Section 425 of the Companies Act, 1956 read with Sections 11 and 12 of the Contempt of Courts Act, 1971, seeking initiation of contempt proceedings against the respondents, namely Mr. Sunny Khandelwal, Advocate and Mr. Kamal Wadhwa.
2. The applicant herein is the General Secretary of the appellant in CO.A. (SB) No. 36/2011–Greenfield Residents Welfare Association, which matter was listed on 29.04.2022 along with other connected appeals and was adjourned on the said date. On the other hand, respondent No.1/contemnor is an advocate by profession and claims to be the General Secretary of Awasiye Sudhar Mandal, which has an office in Greenfield Colony, Faridabad and respondent No.2 is a businessman.
3. Shorn of unnecessary details, the grouse of the applicant herein is against the conduct of the respondents vis-à-vis certain messages sent by the respondents on a WhatsApp Group in the name of ‘Greenfield Basic Issues’ having 250-300 members, and the respondents are members of the group through their mobile Nos. 9654215093 and 8010043633.
4. It is stated that on 29.04.2022, after the matter was adjourned by this Court, certain messages were sent on the aforesaid Whatsapp Group containing derogatory and scandalous remarks against this Court.
5. In light of the messages sent by the respondents on the WhatsApp group mentioned above, it is urged on behalf of the appellant herein that the conduct of the respondents is an attack on the functioning and integrity of this Court and the same cannot be condoned. It is stated that a legal notice dated 06.06.2022 was served upon Awasiye Sudhar Mandal wherein they were asked to tender an unconditional apology.
6. It has also been brought forth that through respondent No.1, Awasiye Sudhar Mandal moved an application under Order I Rule 10 of the Code of Civil Procedure being CO.APPL. 360-62/2022, seeking impleadment in CO.A(SB) 36/2011, and the same was taken up by this court on 02.06.2022, and it is yet to be considered.
7. It has further been urged that Awasiye Sudhar Mandal is not a Resident’s Welfare Association, and it claims to be one so as to mislead the public. The same is stated on the basis of information received from the State Public Information Officer, Faridabad on 21.20.2021, in response to an RTI application dated 14.10.2021.
8. Having heard the learned counsel for the parties and also on perusal of the record, although the messages were per se scandalous and demeaning the majesty of the Court, the Contemnors appear to be remorseful and apologetic about the comments/messages sent by them. In all likelihood, the messages in question were sent in the heat of the moment shared with other members in the WhatsApp group. There is merit in the plea that since the matter has been lingering on for more than 40 years and the concerns raised by the stakeholders/residents with regard to the absence of even basic amenities and facilities of the locality have remained unaddressed, the unsavory comments about the functioning of the Court were made out of deep frustration and despair.
9. All said and done, since that this Court has partly allowed the appeals bearing Nos. CO.A(SB) 36/2011, CO.A(SB) 37/2011 and CO.A(SB) 79/2011 in these long pending matters vide order of even date, no useful purpose would be served by continuing with this Contempt Petition and taking action against the Contemnors.
10. The contempt petition is accordingly dismissed.
DHARMESH SHARMA, J. MARCH 22, 2024