Intra-Court Appeal Not Maintainable Against Order Issuing Notices In Contempt Jurisdiction: Allahabad High Court

The Allahabad High Court has held that intra-court appeal is not maintainable against an order issuing notices to parties passed by a Single Judge sitting in contempt jurisdiction.

In the contempt petition, Single Judge issued notices and directed district administration shall not stop construction of those persons, who are not the party in the First Appeal From Order No.334 of 2022. Aggrieved from the interim order, contempt appeal was filed before the Court on grounds that the vendees of various defendants were also bound by the decision of the High Court in FAFO.

Counsel for respondents raised an objection regarding maintainability of the contempt appeal against order issuing notices.

The Court observed that in Midnapore Peoples Co-op. Bank Ltd. & Ors. vs. Chunilal Nanda & Ors., the Supreme Court had held that where the High Court, in contempt proceedings decides issues between the parties on their merits, an intra-court appeal can be filed by the parties provided the order was passed by a Single Judge and intra-court appeal lies in such cases.

Relying on the decision of the Supreme Court, the bench of Justice Ashwani Kumar Mishra and Justice Mohd. Azhar Husain Idrisi held

“Clause v of the judgment makes it abundantly clear that where the High Court in exercise of contempt proceedings decides an issue or makes a direction relating to the merits of the dispute the aggrieved person is not without remedy. Such an order is open to challenge in intra-court appeal if the order under challenge is passed by the learned Single Judge and in the absence of intra- court appeal by seeking special leave to appeal, under Article 136 of the Constitution of India.”

The Court held that the order passed by Single Judge in issuing notices could not be challenged by way of an intra-court appeal.

Case Title: International Service Fellowship Usa vs. Harendra Kumar Masih 2024 LiveLaw (AB) 235 [CONTEMPT APPEAL No. - 2 of 2024]

Case Citation: 2024 LiveLaw (AB) 235

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