Asia IP

In a recent case, the Delhi High Court came down hard on defendants who had defied the orders of the court. When the court-appointed local commissioner reached the defendants’ premises to execute a raid, the defendants refused to allow the inspection by the local commissioner and his team. Taking cognizance of the contemptuous acts of the defendants, the court immediately summoned the contemnors.

The court observed that the conduct was deplorable and, in a first of its kind order, directed the local commissioner to seal the defendants’ entire premises. This meant the closing of an office with more than 400 employees who were summarily removed from the premises, which were then locked from outside under the seal of the court.

This order is unique since in typical contempt situations, the court usually orders either the sealing the computer systems or simply a second technical inspection of the computer systems followed by the sealing of only those systems that contain pirated software. The court’s bold approach forced the defendants to immediately appear before the court; the matter was settled within two weeks.

Our prediction for the future: In our practice before the courts, in the past we have come across cases where the defendants openly violate orders, with several years passing before contempt petitions are decided. Orders such as the one passed in the above case have the potential to restore respect for the law and faith in our legal system.

About the Author

Pravin Anand and Shantanu Sahay

Anand and Anand

Noida