BHANWAR BAGRI Vs. BHARATPUR CENTRAL COOPERATIVE BANK LIMITED

JUDGEMENT

(1.) This is an appeal under section 19(1) of the Contempt of Courts Act, 1971 (in short 'the Act) read with clause 18 of the Rajasthan High Court Ordinance, 1949, against an order passed by the learned Single Judge in S.B. Civil Contempt Petition No. 214/2000.

(2.) When the case came up for admission before us on 5.1.2001, we found that the office had raised an objetion as to the maintainability of the appeal. As according to the office, the impugned order was an interim order against which appeal was not maintainable. On going through the order, we found that the learned Single Judge had, after going through the replies filed on behalf of the respondents in response to the show cause notices issued by him, had come to the conclusion that contempt of court had been committed by the respondents and therefore, invited them to make submissions on punishment to be imposed. Considering the decisions of the Supreme Court referred to by the learned counsel for the appellants, we held that the appeal was maintainable and the objections raised by the office were over-ruled at that stage, keeping the point open for being canvassed at the time of final hearing.

(3.) After hearing learned counsel for the parties today also, we find that the appeal is maintainable in view of the Supreme Court decisions in (1) Purshottam Dass Goel V. Hon. Mr. Justice B.S. Dhillon and others ( AIR 1978 Supreme Court 1014) and (2) R.N. Dey and others V. Bhagyabati Pramanik and others (2000) 4 SCC 400.