LALSAB Vs. VIJAYA MAHANTESH CO-OPERATIVE BANK LTD.

JUDGEMENT

(1.) Heard the learned counsel appearing for the complainant.

(2.) The breach alleged in this contempt petition is of an order passed by the Karnataka Appellate Tribunal (KAT) at Bengaluru in an appeal.

(3.) The submission of the learned counsel appearing for the complainant is that as the KAT established under the Karnataka Appellate Tribunal Act, 1976 (for short 'the said Act of 1976') is subordinate to this Court, in view of Section 10 of the Contempt of Courts Act, 1971 (for short 'the said Act of 1971), this Court has a power to punish a person for committing contempt of the order passed by the KAT. The learned counsel relied on a decision of the Apex Court in the case of Brajnandan Sinha vs. Jyoti Narain , 1956 AIR(SC) 66. He relied upon the observations made in paragraph 8 of the said decision. He submitted that considering the powers which can be exercised by the KAT established under the said Act of 1976, it has all the trappings of the Court. He invited our attention to the provisions of Sections 10 and 11 of the said Act of 1971. He submitted that the members of the KAT have the power to give a decision by a definitive judgment which is in the nature of a judicial pronouncement and therefore, the KAT will have to be held to be a 'Court' within the meaning of the said Act of 1971.