Contempt of Court Petition Format Supreme Court.

Format of Contempt of Court Petition in Supreme court against Judgment/ order.

IN THE SUPREME COURT OF INDIA
INHERENT AND PLENARY JURISDICTION

CONTEMPT PETITION NO. OF 20_______
IN
MISC. APPLICATION DIARY NO. 19_______ OF 20_______
IN
CIVIL APPEAL NO. _______ OF 20_______

IN THE MATTER OF:
__________________                APPLICANT
VERSUS
__________________                RESPONDENT/ ALLEGED CONTEMNOR

MEMO OF PARTIES

__________________                APPLICANT
VERSUS
__________________                RESPONDENT/ ALLEGED CONTEMNOR

APPLICATION ON BEHALF OF THE APPLICANT U/S 12 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH RULE 3 (C) OF THE RULES TO REGULATE PROCEEDINGS FOR CONTEMPT OF THE SUPREME COURT, 1975 FOR INITIATING CONTEMPT PROCEEDINGS AGAINST THE ALLEGED CONTEMNOR FOR WILLFUL AND DELIBERATE NON-COMPLIANCE OF THE ORDER DATED _______20_______ READ WITH ORDER DATED _______20_______ OF THIS HON'BLE COURT WITH AFFIDAVIT.

TO,
THE HON'BLE CHIEF JUSTICE OF INDIA AND
HIS COMPANION JUSTICES OF THE HON'BLE
SUPREME COURT OF INDIA

THE HUMBLE APPLICATION OF THE APPLICANT ABOVE NAMED;

MOST RESPECTFULLY SHOWETH:
1. That the instant application seeking initiation of contempt proceedings is being filed under section 12 of the Contempt of Courts Act, 19_______ read with Rule 3 (c) of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 19_______ for initiating contempt proceedings against the alleged contemnor, the Commissioner of the Bangalore Development Authority, for willful and deliberate non-compliance of the order dated _______20_______ read with the order dated _______20_______ passed by this Hon'ble Court. A copy of the order(s) dated _______20_______ and _______20_______ passed by this Hon'ble Court in the M. A. No. 229 of 20_______ and in the M. A. Diary No. 19_______ of 20_______ is annexed and marked as ANNEXURE P-1 (PAGE NO. 8 TO 11).

2. That this Hon'ble Court while disposing of the M. A. No. _______ of 20_______ and the M. A. Diary No. 19_______ of 20_______ passed an order directing the Application condominium association to produce certificate of registration and to undertake the obligation of due maintenance of the civic amenity area of the RWA before the office of the alleged contemnor.

The relevant portion of the order dated _______20_______is extracted and reproduced hereunder:

"2. An affidavit has been filed by the Commissioner of Bangalore Development Authority (BDA) dated 28 March 2022, stating that BDA will hand over the civic amenity area to the local residents' association, as required under Regulation 7.1(2) of the Zoning Regulations subject to (i) the RWA submitting necessary records relating to its registration; and (ii) the RWA undertaking the responsibility of due maintenance of the amenity.

3 The Residents Welfare Association is permitted within a period of two weeks to produce the certificate of registration and to undertake the obligation of due maintenance of the civic amenity area upon its being handed over by BDA to the RWA. Subject to the RWA complying with above two conditions, BDA shall take necessary steps in terms of the affidavit which has been filed before this Court by handing over the civic amenity area within a period of one month thereafter."

3. That the Applicant complied with the directions contained in paragraph 3 of the order dated _______20_______ passed by this Hon'ble Court and submitted the required undertaking, certified true copy of the certificate of registration and certified true copy of the list of members of its executive committee as endorsed by the Registrar of Societies. A copy of the undertaking given by the applicant to the Bangalore Development Authority on 05.05.2022 is annexed and marked as ANNEXURE P-2 (PAGE NO. 12 TO 15).

4. That the office of the alleged contemnor acknowledged receipt of the submissions as indicated in paragraph 3 of the contempt application and issued an acknowledgement slip in favor of the Applicant. A copy of the acknowledgement issued by the Bangalore Development Authority to the Applicant on _______20_______ is annexed and marked as ANNEXURE P-3 (PAGE NO. 16).

5. That it is stated that on _______20_______, the Secretary of the Applicant condominium association, namely _________ along with other representatives of the Applicant association visited the office of the alleged contemnor with the bonafide intentions to enquire as to the developments on the application (dated _______20_______) submitted to the office of the alleged contemnor in terms of order dated _______20_______ passed by this Hon'ble Court.

6. That the representatives of the Applicant condominium association were shocked to know that the office of the Bangalore Development Authority as on _______20_______ had not even taken up the matter for consideration so as to take a decision in terms of orders passed by this Hon'ble Court.

7. Accordingly, the office of the alleged contemnor was apprised of the orders passed by this Hon'ble Court and a positive action required on their part to take a decision in terms of order dated _______20_______ within a period of one month from the date of receipt of the application (that is within one month from _______20_______).To the best of the knowledge of the Applicant, the alleged contemnor has not taken a decision or communicated the same to the Applicant as on date in terms of order dated _______20_______ passed by this Hon'ble Court.

8. That it is submitted that deliberate and willful defiance of the orders passed by this Hon'ble Court by the office of the alleged contemnors must be dealt with sternly given the background of the case wherein the Bangalore Development Authority did not act on the representation(s) of the Applicant condominium associations made in past as well as previous requests made by the developer, DLF for handing over of civic amenity site to the RWA.

9. The inaction of the Bangalore Development Authority forced parties of the M. A. No. _______ of 20_______ and in M. A. Diary No. 19_______ of 20_______ to approach this Hon'ble Court seeking handing over of civic amenity site to the Applicant, the RWA. Despite this Hon'ble Court having passed orders dated _______20_______and _______20_______, the alleged contemnor seems to have deliberately defied said order(s) and did not comply with it within the time stipulated in the order dated _______20_______.

PRAYER
It is, therefore, most respectfully prayed before this Hon'ble Court may kindly be pleased to:

a) Initiate contempt proceedings against the alleged contemnor for deliberate and willful non-compliance of the order dated _______20_______ read with order dated _______20_______ passed by this Hon'ble Court; and/or
b) Pass such other or further order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.

AND FOR THIS ACT OF KINDNESS THE HUMBLE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

FILED BY

ADVOCATE FOR THE APPLICANT

FILED ON: _______20_______