RAJIV BANSAL Vs. MARCOFED EMPLOYEES UNION

JUDGEMENT

(1.) This appeal preferred under Section 19 of the Contempt of Court Act, 1971 (hereinafter for short referred to as 'the Act') is directed against the order dated 04/12/2003 made in Contempt Petition No. 33(K)/2003 by a learned Single Judge of this Court whereby and whereunder the learned Judge directed the appellant herein to pay fine of Rs. 2000/- (Rupees two thousand only) "for disregarding the order of this Court". The said fine amount is directed to be deposited before the Registrar of the Court and the same to be released to the Kohima High Court Bar Association, Kohima. The learned Judge, however, accepted the unconditional apology tendered by the appellant who was present in the Court.

(2.) Mr. D.K. Mishra, learned Senior Counsel appearing for the appellant in this appeal submits that the impugned order passed by the learned Single Judge suffers from incurable infirmities requiring interference of this Court in exercise of appellate jurisdiction. Learned Senior Counsel contended that the appellant herein did not commit any contempt whatsoever so as to be punished under the provisions of the Act and further submitted that the order passed by the learned Judge suffers from both the procedural as well as substantial defects.

(3.) In order to consider as to whether the impugned order under appeal suffers from any error or infirmities requiring our interference, few relevant facts leading to filing of this appeal may have to be noted.