Case Name: Contempt Petition (C) No.45/2023 in C.A. No.402/2022
Court: Supreme Court of India
Bench: Hon’ble Mr. Justice Dipankar Datta, Hon’ble Mr. Justice Satish Chandra Sharma (Partial Court Working Days Bench)
Hearing Date: 03-06-2026
Petitioners: Aquacity Consumer and Social Welfare Society
Respondents: Hemant Kumar Soni & Ors.
Parties Involved
Petitioners represented by: Mr. Rahul Kaushik (Senior Advocate), Mr. Vivek Kumar, Mr. Avani Sharma, Mr. Akshay Srivastava, AOR; Mr. Nirnimesh Dube, AOR.
Respondents represented by: Mr. Puneet Jain (Senior Advocate), Mr. Amit Pawan, AOR.
Additional Solicitor General: Ms. Archana Pathak Dave (present in Court).
Others: Jatinder Kaur (digitally signed payment confirmation), Sudhir Kumar Sharma (P.S. to Registrar).
Issues / Allegations / Violations
Alleged contempt for failure to pay dues to 28 petitioners.
Payment of principal amounts claimed to be completed; interest for five petitioners remains unpaid but petitioners waive the amount.
Request for auction of two respondent properties alleged to be owned by respondents.
Findings & Observations
Court recorded that principal amounts have been paid to all 28 petitioners via the demand drafts listed (see table).
No dispute on interest for five petitioners; petitioners have chosen to forego the small unpaid amount.
Two properties identified for possible auction: (i) Hospital plot in Akriti Aqua City, 1528 sq m, government value Rs 3,05,60,000; (ii) Recreation plot in Akriti Highlands, 2000 sq m, government value Rs 2,40,000.
Court sought clarification from Income Tax Department on feasibility of auction.
Penalties / Settlements / Directions
Order to re‑list the contempt petition on 04-06-2026 to consider auction of the two properties.
Respondents to file an affidavit confirming the properties are free from encumbrances and no pending proceedings.
Additional Solicitor General to obtain instructions from the Income Tax Department regarding auction feasibility.
Corrective Actions & Future Obligations
Filing of affidavit by any one respondent on the day of the order.
Compliance with any directions issued by the Income Tax Department concerning the auction.
Interest waiver for five petitioners as per their election.
Final Ruling & Enforcement
The Court’s order mandates re‑listing, potential auction of the specified properties, and affidavit filing, thereby enforcing compliance with the contempt decree.
