MAM CHAND Vs. HALCYON PHARMACEUTICAL LTD

JUDGEMENT

(1.) THE petitioner has approached this court under Article 227 of the Constitution of India for setting aside the order dated 6.4.2009, Annexure P-4, the order dated 11.5.2009, Annexure P-5, and also the contempt proceedings initiated by the plaintiff under Sections 10 and 12 of the Contempt of Courts Act, 1971(for short the Act).

(2.) LEARNED counsel for the petitioner submitted that the plaintiffrespondent had filed a petition under Sections 10 and 12 of the Act for violation of the order dated 10.1.2009 in which impugned notice has been issued by the Additional District Judge, Hisar for securing presence of the petitioner before the Court. According to the learned counsel,an Additional District Judge has no jurisdiction to entertain a petition under Sections 10 and 12 of the Act and to issue notice to secure presence of the petitioner.

(3.) SECTION 10 deals with the power of High Court to punish for contempt of subordinate courts whereas Section 12 provides for punishment that may be awarded to a person found guilty of the same. It, however, does not confer any power on subordinate court to initiate action. Accordingly no petition under Sections 10 and 12 of the Act was maintainable before the Additional District Judge, Hisar. Learned Additional District Judge, Hisar had acted totally without jurisdiction in issuing notice for securing presence of the petitioner.