SUPREME COURT: WHEN PARTY VIOLATES STATUS QUO ORDER, CONTEMPT PROCEEDINGS MUST BE INITIATED THAN MERELY VACATING INTERIM ORDER

The Supreme Court in the case Amit Kumar Das Joint Secretary vs. Shrimati Huthee singh Tagore Charitable Trust (Sole Respondent) observed that where the status quo order qua possession of the suit premises was wilfully violated, the court held that the same amounts to civil contempt.

The court in the case held that contempt proceedings should have been initiated, instead of vacating the stay of execution proceedings.

The bench comprising of Justice Aniruddha Bose and Justice Sanjay Kumar passed the said judgement.

In the present case, the court filed the trust suit for inter-alia, recovery of possession against a registered society. Pertinently, the said occupation of the premises was with the society.

The Trial Court in the case observed and has decreed the suit in favor of the trust and the execution proceedings were initiated by the Trust.

The court observed that the society challenged this judgment in an appeal before the Calcutta High Court.

During the hearing, the Single Judge Bench of the High Court passed the stay order in the execution proceedings.

The court in the case observed and has directed the Society to maintain the status quo concerning possession.

Further, the court stated that the also to refrain from creating any third-party interest.

The court observed that the Society had let out the suit premises, resulting in contempt proceedings against it.