Delhi High Court

Contempt jurisdiction cannot be invoked to adjudicate contested factual narratives or substitute for execution proceedings.

M/S Wedding Park Hospitalities Pvt Ltd v. Balesh Devi Bhadana & Anr. [O.M.P.(I) (COMM.) 253/2024]

Delhi High CourtJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Petitioner entered into a Lease Agreement with the Respondents in 2017 for a property named "Jannat Valley".

Source reference: p. 3

Following disputes, the Petitioner invoked arbitration and sought interim relief under Section 9 of the Arbitration and Conciliation Act, 1996.

Source reference: no citation

On 02.08.2024, the Court granted a status quo order regarding the leased area.

Source reference: p. 3, 6-7

The Petitioner subsequently filed two contempt petitions—CCP(O) 91/2024 and 103/2024—alleging that the Respondents and third-party caterers (Jain Caterers) violated the order by hosting events and creating third-party rights.

Source reference: p. 4, 5

Conversely, the Respondents filed CCP(O) 24/2025, alleging the Petitioner pressured the Local Commissioner to alter his report.

Source reference: p. 5

During the pendency of these petitions, an Arbitrator was appointed, and the Section 9 petition was converted into a Section 17 application before the Arbitral Tribunal.

Source reference: p. 4
02

Issues

Whether the Respondents and their agents committed wilful disobedience of the status quo order dated 02.08.2024 by continuing business operations and hosting events at the subject premises.

Source reference: p. 5 / para. 9

Whether the Court should continue to exercise contempt jurisdiction once the underlying interim application has been relegated to an Arbitral Tribunal.

Source reference: p. 8 / para. 15
03

Law Applied

The Court primarily applied Sections 2, 10, and 12 of the Contempt of Courts Act, 1971, and Order XXXIX Rule 2A of the CPC.

Source reference: p. 2

It relied on the principle that contempt jurisdiction is extraordinary and must be exercised with "utmost circumspection," requiring a clear and unambiguous case of "wilful disobedience".

Source reference: p. 8-9

The Court cited Suman Sankar Bhunia v. Debarati Bhunia Chakraborty [2026 SCC OnLine Del 276] to reiterate that contempt is not a substitute for execution proceedings or a forum for resolving contested factual narratives.

Source reference: p. 9
04

Reasoning

The Court observed that the operative direction in the 02.08.2024 order was the maintenance of status quo.

Source reference: p. 8

It noted that on the date the order was passed, the Respondents were already in possession and hosting events with Jain Caterers; thus, continuing these activities did not necessarily disturb the "standstill" as it existed at the time of the order.

Source reference: p. 8

The Court further reasoned that since the Section 9 petition had been relegated to the Arbitrator for confirmation as a Section 17 application, the High Court should not continue to hold seisin over the issue.

Source reference: p. 8

Given the contested factual claims regarding the nature of the third-party involvement (vendors vs. lessees), the Court found no clear evidence of "wilful and contumacious" defiance.

Source reference: p. 8-9
05

Holding

The Court dismissed CCP(O) 91/2024 and CCP(O) 103/2024, holding that no wilful disobedience was established against the Respondents.

Consequently, the Respondents chose not to press CCP(O) 24/2025, which was also dismissed.

Source reference: p. 9-10

The Court concluded that the power to punish for contempt cannot be used to settle disputed questions of fact or as a routine remedy.

Source reference: p. 8-9
Delhi High Court

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M/S Wedding Park Hospitalities Pvt Ltd v. Balesh Devi Bhadana & Anr. [O.M.P.(I) (COMM.) 253/2024]

Delhi High Court · no citation

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