H PHUNINDRE SINGH Vs. K K SETHI

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties. In our view, in the facts of the case, particularly when the order passed by the learned Single Judge of the high court was not stayed by the division bench, the contempt petition should have been disposed of on merits instead of adjourning the same till disposal of the appeal, so that question of deliberate violation of the subsisting order of the court is considered and enforceability of the court's order is not permitted to be diluted. In the facts of the case, we feel that the contempt petition should be disposed of within a period of three months from the date of the communication of this order and we order accordingly. It is further directed that before disposal of the contempt petition, the pending appeal should not be taken up for hearing. The appeal is accordingly disposed of.