SUNIL Vs. VINAYAKA GRANITES

JUDGEMENT

(1.) This contempt appeal is filed challenging the order dtd. 2/8/2024 of the learned Single Judge in Con.Case (C)No.2773 of 2023, invoking the provisions under Sec. 19(1) of the Contempt of Courts Act, 1971. By that order, the learned Single Judge posted the contempt case on 19/8/2024 for framing charges against the appellant, after recording a prima facie finding that the appellant deliberately disobeyed the interim order dtd. 25/4/2023 in W.P.(C)No.13577 of 2023, whereby the appellant was directed to provisionally renew the D&O licence of the 1st respondent-writ petitioner to operate the crusher unit.

(2.) By the order of reference dtd. 13/8/2024, the contempt appeal was referred to a Full Bench for examining the correctness of the view taken by the Division Bench in Dr.Sunil C. v. Dr.Selsa S. [2024 (4) KHC 89] on the maintainability of an appeal under Sec. 19(1) of the Contempt of Courts Act.

(3.) The Full Bench answered the reference by the order dtd. 20/12/2024 - Suni B.T. v. Vinayaka Granites and another [2025 KLT OnLine 1014] holding that the interpretation given by the Division Bench in Dr.Sunil C. [2024 (4) KHC 89] is not a correct reading of clause (iv) of the dicta of the Apex Court in the case of Midnapore Peoples Co-operative Bank Ltd. v. Chunilal Nanda [(2006) 5 SCC 399]. In the said decision the Full Bench held that, the Division Bench while referring the matter to the Full Bench has correctly interpreted the law laid down by the Apex Court in Midnapore Peoples Co-operative Bank Ltd. [(2006) 5 SCC 399]. The Full Bench answered the reference as under;