Supreme Court of India

SUNDAR GUPTA & ORS.versusSUNIL VASUDEVA & ORS.

Citation: 2019 INSC 717
Decided: 2 July 2019
Disposal: Dismissed
Bench: A M KHANWILKAR

Holding

The contempt petition was deemed infructuous and dismissed in view of the earlier Supreme Court order.

Summary

In Sundar Gupta & Ors. v. Sunil Vasudeva & Ors., a contempt petition (C) No. 1721 of 2017 was filed alleging contempt of the Supreme Court under Section 293 of the Income Tax Act, 1961. The petition arose from proceedings in I.A. No. 4 of 2017 and Civil Appeal No. 5140 of 2019, which were also the subject of Special Leave Petition (Civil) No. 5449 of 2015. The Court observed that an earlier order reported in [2019] 8 SCR 1190 had already resolved the matters raised, rendering the contempt petition infructuous. Consequently, the Court dismissed the contempt petition as moot. The dismissal also disposed of any pending applications related to the petition.

Issues considered

What is the effect of a prior Supreme Court order on a pending contempt petition under Section 293 of the Income Tax Act?

Legislation cited

Income Tax Act, 1961s. 293

Subjects

contempt of courtIncome Tax ActSection 293infructuous petitionSupreme Courtdismissal

Judgment

1206                        [2019]
                 SUPREME COURT     8 S.C.R. 1206
                                REPORTS                        [2019] 8 S.C.R.


 A                          SUNDAR GUPTA & ORS.
                                          v.
                           SUNIL VASUDEVA & ORS.
                      (Contempt Petition (C) No. 1721 of 2017)
 B                                        in
                          (Civil Appeal No. 5140 of 2019)
                                    JULY 02, 2019
             [A. M. KHANWILKAR AND AJAY RASTOGI, JJ.]
             Income Tax Act, 1961 – s.293 – Held: In view of the order
 C
       reported in [2019] 8 SCR 1190, the present contempt petition has
       become infructuous and hence, dismissed.
             CIVIL ORIGINAL JURISDICTION : Contempt Petition (Civil)
       No. 1721 of 2017.
 D            Petition filed for contempt of this Court in I.A. No. 4 of 2017 in
       Civil Appeal No.5140 of 2019 @ Special Leave Petition (Civil) No. 5449
       of 2015.
              Mukul Rohtagi, Jaideep Gupta, Siddharth Luthra, Sr. Advs., Vikas
       Mehta, Rajat Sehgal, Ranjan Mukherjee, Mohan Prasad Gupta, Shekhar
 E     Vyas, Rajat Nair, Ms. Nitya Rao, Surya Kant, Mrs. Anil Katiyar, Advs.
       for the appearing parties.
             Petitioner-in-person
             Respondent-in-person
             The following Order of the Court was passed by
 F
                                     ORDER
             RASTOGI, J.
            1. In view of the order passed by us in Civil Appeal arising out of
       SLP(C ) No. 5449 of 2015 dated 2nd July, 2019, contempt petition has
 G     become infructuous and is accordingly dismissed.
             2. Pending application(s), if any, also stand disposed of.



 H     Divya Pandey                                              Petition dismissed.
                                         1206

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