PAUL Vs. BHARATHAN

JUDGEMENT

(1.) This contempt appeal is filed against the orders passed by the learned Single Judge in Contempt Case (Civil) No. 1153/2007 dated 18/07/2008. Obviously, this appeal is filed under S.19(1) of the Contempt of Courts Act, 1971.

(2.) When the matter came up for admission before the Court, we asked the learned counsel appearing for the appellant to tell us with regard to the maintainability of the appeal as such. The learned counsel, while answering the query posed by us has brought to our notice the observations made by the Apex Court in the case of Midnapore Peoples' Coop. Bank Ltd. and Others v. Chunilal Nanda and Others, 2006 KHC 795 : 2006 (5) SCC 399 : AIR 2006 SC 2190 : JT 2006 (11) SC 203 : 2006 (3) KLT SN 112 : 2006 CriLJ 2903 : 2006 (102) Cut LT 45 and also the decision of this Court in the case of Rasheed v. Saji Basheer, 2005 KHC 542 : 2005 (2) KLT 106 : ILR 2005 (2) Ker. 13 . In the first case, the Apex Court has stated as under:

(3.) In the second case, this Court has observed as under: