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TMI Blog2025 (1) TMI 929X X X X Extracts X X X X X X X X Extracts X X X X ..... the orders passed in the contempt proceedings cannot be maintainable if such an order is devoid of any punishment or guilt imposed upon the contemnor. Therefore, in the instant case, the instant appeal under the said provision is maintainable before this Court only if the impugned order awarded punishment or held the appellant guilty of the contempt proceedings. Taking into consideration the contents of Section 19 of the Act as well as the case-laws mentioned hereinabove, this Court is of the considered view that an appeal under Section 19 of the Act, challenging the order passed in the contempt proceedings, is maintainable only when such an order records or imposes any punishment or guilt of the contemnor. However, upon perusal of the impugned order, it is clear that the learned Single Judge has merely directed the appellant to release the amount already deposited along with the interest accrued thereupon @ 6% p.a. till date while making concession towards the statutorily prescribed grace period of 120 days in favour of the respondent and therefore, the same cannot be construed to be punitive in nature. Conclusion - An appeal under Section 19 is maintainable only against an order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ber, 2024. In the said application, the concerned roster learned Single Judge passed an order dated 9th December, 2024, wherein, it was recorded that the appellant/Department is in the process of filing a Special Leave Petition before the Hon ble Supreme Court and that it is willing to deposit the entire amount with this Court s Registry. Accordingly, the appellant was directed to deposit the same. However, it was further stated that the said application may be considered before the learned Single Judge, who adjudicated the said contempt case. 6. Accordingly, the learned Single Judge vide the impugned order dated 8th January, 2025 directed the appellant to deposit the entire amount of interest @ 6% per annum accumulated till then with and has further directed to release the amount already deposited alongwith the said interest amount accrued therein to the respondent herein. 7. Aggrieved by the impugned order, the appellant has filed the instant appeal seeking setting aside of the same. 8. Learned senior standing counsel appearing on behalf of the appellant submitted that the impugned order has been passed by the learned Single Judge without taking into consideration the entirety of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order that (a) the execution of the punishment or order appealed against be suspended; (b) if the appellant is in confinement, he be released on bail; and (c) the appeal be heard notwithstanding that the appellant has not purged his contempt. (3) Where any person aggrieved by any order against which an appeal may be filed satisfies the High Court that he intends to prefer an appeal, the High Court may also exercise all or any of the powers conferred by sub-section (2). (4) An appeal under sub-section (1) shall be filed (a) in the case of an appeal to a Bench of the High Court, within thirty days; (b) in the case of an appeal to the Supreme Court, within sixty days, from the date of the order appealed against. 15. In order to understand the settled position of law regarding the appeals against the orders in contempt proceedings, it is pertinent for this Court to understand the interpretation of Section 19 of the Act. Therefore, it is apposite to mention the case of Midnapore Peoples Coop. Bank Ltd. v. Chunilal Nanda, (2006) 5 SCC 399, wherein the Hon ble Supreme Court has categorically observed that the appeal under Section 19 of the Act is maintainable only against an order in whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontemnor. Therefore, in the instant case, the instant appeal under the said provision is maintainable before this Court only if the impugned order awarded punishment or held the appellant guilty of the contempt proceedings. 17. The said position of law has also been discussed by the Co-ordinate Bench of this Court in the case of Sarojini Nagar Jhuggi Jhopri Vikas Samiti v. Suresh Kumar, 2022 SCC OnLine Del 3669 , wherein, it was observed that an appeal under Section 19 of the Act is maintainable only when a contempt order records the guilt of the contemnor or punishment thereof. It was further observed that Section 19 of the Act has a very limited scope and that it is dependent only upon a contemnor being guilty or being punished and not in any other case. 18. At this juncture, it is apposite for this Court to examine the findings of the impugned order. The relevant paragraphs are reproduced hereunder: 6. In summary, the respondent cannot be allowed to go behind the main order dated 07.12.2017 and challenge its legality. According any consideration to such plea, after twenty years of litigation, is beyond the scope of contempt proceedings, and if entertained, shall be judicial blas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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