Mr. Ishwari Prasad Ganeriwala vs Engineering Projects (India) ...
2004 Latest Caselaw 158 Del

JUDGMENT

Dalveer Bhandari, J.

1. The appeal has been on Board for some time. The matter was passed over and we have waited for quite some time. It is 3.00 P.M. and no one has put in appearance on behalf of the respondent. Since it is an old appeal, therefore, we deem it appropriate to proceed to decide the appeal.

2. This appeal is directed against the judgment of the learned Single Judge dated 22nd February, 1990 by which the learned Single Judge held the appellant guilty of contempt of this Court and consequently ordered that the appellant be detained in the civil prison for a period of two months from the date of his arrest. The Court further directed that the warrants be issued for his arrest and detention in civil prison through proper channel. The appellant preferred this appeal under Section 19 of the Contempt of Courts Act, 1971 against the order of the learned Single Judge passed in C.C.P.No.1/1985 in OMP No.68/1982.

3. We have perused the impugned order and other documents on record and heard Mr.G.N.Agarwal, learned counsel appearing for the appellant.

4. It may be pertinent to mention that the appellant tendered unqualified apology to the Court. More than 14 years have elapsed since the order of the learned Single Judge was passed. The implementation of the order was stayed by the Division Bench. Mr.G.N.Agarwal submits that the appellant is quite old.

5. In our considered opinion, the ends of justice would met by accepting the unqualified apology tendered by the appellant in the facts and circumstances of the case. We do not deem it appropriate to send the appellant to civil prison for a period of two months and to that extent the order of the learned Single Judge is modified and consequently the warrants which has been issued pursuant to the order of the learned Single Judge stands cancelled.

The appeal is accordingly disposed of.