CNA EXPORTS (P) LTD Vs. MANSI SHARMA

JUDGEMENT

(1.) The present contempt petition has been filed by M/s. CNA Exports (P) Ltd seeking compliance of orders dated 20th September, 2019 and 20th December, 2019. In the said contempt petition, the Petitioner has chosen to make a junior counsel - Ms. Mansi Sharma appearing on behalf of Mrs. Sushma Ravidas in CM (M) 867/2018, as contemnor No. 1. The allegations made against the said counsel are as under: -

(2.) The Court has perused the contempt. The primary issue in the main petition is in respect of the legality and validity of the alleged Powers of Attorney in favour of Mr. Sudarshan Kumar on behalf of Mrs. Sushma Ravidas. That issue has to be adjudicated in CM(M) 867/2018. Under such circumstances, the making of the above allegations against a junior counsel appearing on behalf of Mrs. Sushma Ravidas - the Petitioner in CM(M) 867/2018 are completely uncalled for and are in bad taste. The same would in effect result in 'browbeating' junior counsel which is impermissible.

(3.) Further, the question as to whether there is compliance of the said orders is to be adjudicated by this Court and as part of the contempt petition, levelling allegations and writing of repeated e-mails, in a manner so as to create a threat to junior counsel, cannot be permitted. The remedy for alleged non-compliance of orders, if any, is to approach this Court rather than to address such e-mails to the counsels for the opposing side and make allegations against them. Moreover, making of such allegations and using of language such as "audacity of the counsel" is not appreciated by this Court. Such language crosses the boundaries of legal pleadings especially against counsels who act in their professional capacity.