Yesterday, in the Matter of Parnita Kapoor v Arvind Malik, the Delhi High Court sentenced six months of Jail and imposed a fine of INA 20,000 after finding him guilty of not complying with the orders of another High court bench asking him to pay us and occupation charges to his landlords. Around Rs 32 lakh was due for payment, the landlords had informed the court.

The bench of Justice Manmeet Pritam Singh Arora noted that the apology tendered by the lawyer to the court was not “unconditional” but was merely a “lip service” to avoid the consequences.  

The Court said that if the accused does not suffer the consequences for willful default and breach of his undertakings given to the Court, it would strengthen him to similarly abuse the process of law in the future and victimise fellow citizens.

Case Brief :

In the Said matter, the Court was hearing a contempt petition moved by the owners of the property that was being used by the lawyer for commercial purposes. He had been letting it out as PG. 

The lawyer had failed to pay outstanding dues amounting to ₹32 lakh to the petitioners despite multiple court orders as well as an undertaking on his behalf. 

“The fact that the respondent is a law graduate enrolled with the State Bar Council and presumably well versed with law, despite being aware of the binding nature of the orders of the court, has shown scant regard for the legal process. In fact, it appears to this court that the respondent using his knowledge of law intended to abuse the procedural safeguards by causing prejudice to the petitioner in denying him the possession of the subject property as well as the use and occupation charges,” the high court said, noting that the lawyer had filed a civil suit seeking relief of permanent injunction against the owners from interfering in his peaceful possession.

The High court noted that the lawyer resorted to a legal process to restrain the landlord from interfering in his enjoyment of the property and not paying him a rent of Rs 1.60 lakh per month. However, he failed to pay the amount and also delayed leaving the property till December 2021. 

The High court also said that if the lawyer failed to comply with court orders in any legal proceedings where he is a party, the records of this contempt plea shall be read in evidence and his subsequent conduct will be considered as aggravated contempt of the court. The high court directed him to disclose this order to the court in which any subsequent contempt proceeding is filed against him.