SPA/116/2023
2023 Latest Caselaw 1202 UK

                    Office Notes,
                   reports, orders
                   or proceedings
SL.
         Date       or directions                     COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
                      order with
                     Signatures
      01.05.2023                     SPA No. 116 of 2023
                                     Hon'ble Vipin Sanghi, C.J.
                                     Hon'ble Rakesh Thapliyal, J.

1. Mr. A.S. Rawat, learned Senior Counsel assisted by Mr. Raveendra Singh Bisht, learned counsel for the appellant.

2. The present Special Appeal is directed against the order dated 20.03.2023 passed by the learned Single Judge in CLCON No. 53 of 2019 under Section 11 and 12 of the Contempt of Courts Act, read with Article 215 of the Constitution of India.

3. The learned Single Judge has, by the impugned order, closed the contempt proceedings.

4. The present Special Appeal is clearly not maintainable before this Court in the light of Section 19 of the Contempt of Courts Act, 1971, which has received the interpretation by the Supreme Court in Midnapore Peoples' Coop. Bank Ltd. and others v. Chunilal Nanda and others, (2006) 5 SCC 399. In paragraph no. 11 of the said judgment, the Supreme Court has clearly held that an appeal against a proceeding under the Contempt of Courts Act, whereby the Court has dropped or closed the proceedings, would not be maintainable before the Division Bench.

5. Consequently, the present Special Appeal is dismissed as not maintainable.

6. It shall be open to the appellant to avail of such other remedy, as is available to him in law.

7. Consequently, pending application(s), if any, also stand disposed of accordingly.

     (Rakesh Thapliyal, J.)       (Vipin Sanghi, C.J.)
         01.05.2023                   01.05.2023
Rahul