M/S Guru Enterprises vs. Ms. Chanchal Yadav

Facts

The petitioner, M/s Guru Enterprises, filed a contempt petition (CONT.CAS(C) 1648/2024) against Ms. Chanchal Yadav, the respondent. The petitioner sought initiation of contempt proceedings for alleged willful disobedience of the directions issued by the High Court on September 19, 2024, in W.P.(C) No. 13104/2024. The previous order had directed the respondent to cancel the GST registration of the petitioner as expeditiously as possible. The petitioner contended that this direction had not been complied with. The respondent's counsel appeared and stated that an appropriate decision would be taken within four weeks from the date of the hearing.

Held

The Court noted that the petitioner had filed the contempt petition due to the alleged willful disobedience of the order dated September 19, 2024, which directed the cancellation of the petitioner's GST registration. The respondent's counsel, on advance notice, submitted that an appropriate decision would be taken within four weeks. Based on this undertaking by the respondent's counsel, the Court disposed of the contempt petition. The operative direction was that the directions of the Court, as contained in the order dated September 19, 2024, passed in W.P.(C) No. 13104/2024, be complied with within four weeks from the date of the order. No specific finding on willful disobedience was made, as the matter was resolved by the undertaking.

Key Issues

1. Whether the respondent has willfully disobeyed the order dated 19.09.2024 passed in W.P.(C) No. 13104/2024, thereby constituting contempt of court? (Question of fact and law) The petitioner argued that the respondent had failed to comply with the court's explicit direction to cancel their GST registration, as evidenced by the contempt petition. The respondent, represented by the Additional Standing Counsel, did not contest the fact that the cancellation had not yet occurred but sought time for compliance. The respondent's counsel submitted that an appropriate decision would be taken within four weeks from the date of the hearing.