ASHWINI KUMAR SINGH Vs. SANDEEP KUMAR

JUDGEMENT

(1.) Heard Sri Navin Sinha, the learned Senior Counsel assisted by Sri Vimlendu Tripathi for the appellants, Sri Ashok Khare, the learned Senior Counsel assisted by Sri Siddharth Khare, Sri Manish Goyal, the learned Senior Counsel assisted by Sri K.K. Rao, Sri Kshitij Shailendra and Sri V.K. Upadhya, the learned Senior Counsel assisted by Sri Krishna Raj Jadaun for the respective respondents in Contempt Appeal Nos. 6/2019, 3/2020 and 4/2020 and Sri Ajit Kumar Singh, the learned Senior Counsel assisted by Sri Sudhanshu Srivastava for the appellants and Sri Nand Lal Pandey / Sri Sunil Kumar Srivastava for the respective respondents in Contempt Appeal Nos. 1 and 2, both of 2020, both on maintainability as also on merits. Since common issues are involved in all the five connected appeals, same are being disposed of by a common order. Contempt Appeal No.6/2019 is taken up as leading appeal.

(2.) Contempt Appeal No.6/2019 is preferred under Section 19 of Contempt of Courts Act, 1971 (for short "the Act") against the order dated 04.12.2019 passed by the learned Single Judge, framing charges against the appellant and respondent nos. 3 to 8, calling upon them to file their response, if any, on or before the next date.

(3.) Sri Siddharth Khare, the learned counsel for respondent nos.1 and 2 (petitioners in contempt) on the strength of the Apex Court judgment in Midnapore People's Co-operative Bank vs Chunnilal Nanda , (2006) 5 SCC 399 submits that the contempt appeal is not maintainable.