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2017 Supreme(SC) 1175

KURIAN JOSEPH, R.BANUMATHI
ECL Finance Ltd. – Appellant
Versus
Harikishan Shankarji Gudipati – Respondent


JUDGMENT :

Kurian, J.

1. Leave granted.

2. The appellant is before this Court aggrieved by an order dated 14th February, 2017 passed by the Division Bench of the High Court of Bombay in Appeal (LDG.) No.2 of 2017. The said appeal was filed against the order dated 22nd December, 2016 in Contempt Petition No. 17 of 2016 in Suit No. 802 of 2014.

3. The appellant filed a Contempt Petition alleging that the respondents herein had not honoured the consent decree drawn on 14th August, 2015, and hence they are liable to be punished for contempt. It appears that the appellant had also initiated execution proceedings, since in the decree, it is stated that in case the terms of the consent are violated, the suit would stand decreed in terms of the prayer made in the plaint. Be that as it may, we find from the order dated 22nd December, 2016 of the learned Single Judge that the learned Single Judge has admitted the contempt petition and has issued notice to the respondents. It is, at that stage that the respondents filed an intra-Court appeal under Section 19 of the Contempt of Courts Act, 1971 (hereinafter referred to as “the Act”). The Court admitted the appeal, despite the objections regarding













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