THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR CONTEMPT APPEAL No.4 of 2005 JUDGMENT: (per the Hon'ble the Chief Justice Alok Aradhe) None has appeared for the appellants.
2. This appeal under Section 19 of the Contempt of Courts Act, 1971 (hereinafter referred to as 'the Act'), has been filed against an order dated 15.07.2005 by which learned Single Judge has dismissed C.C.No.55 of 2005 on the ground that there is no violation of order dated 28.10.2004 passed in Writ Petition No.10137 of 2004.
3. Relevant extract of Section 19(1) of the Act reads as under:
19. Appeals.- (1) An Appeal shall lie as of right from any order or decision of High Court in the exercise of its jurisdiction to punish for contempt-
(a) where the order or decision is that of a single Judge, to a Bench of not less than two Judges of the Court;
(b) where the order or decision is that of a Bench, to the Supreme Court:
CJ & NVSK, J 2 C.A.No.4 of 2005 Provided that where the order or decision is that of the Court of the Judicial Commissioner in any Union territory, such appeal shall lie to the Supreme Court.
4. Thus, it is evident that the appeal lies against an order or decision to punish for contempt of the Court and not otherwise.
5. Therefore, the appeal filed under Section 19 of the Act is not maintainable.
6. The appeal is accordingly dismissed.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
___________________ ALOK ARADHE, CJ ________________________ N.V. SHRAVAN KUMAR, J th 27 SEPTEMBER, 2023.
kvni