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2016 Supreme(AP) 513

SANJAY KUMAR, ANIS
Kurapati Steevan – Appellant
Versus
Union of India, rep. by its Secretary, Ministry of Labour Employment – Respondent


Advocates Appeared:
For the Petitioner:M. Pitchaiah, Advocate.

JUDGMENT :

Sanjay Kumar, J.

1. By order dated 09.05.2016, Contempt Case No.614 of 2015 was dismissed by a learned Judge holding that no willful disobedience was made out on the part of the respondents in relation to the order dated 11.12.2014 passed by him in W.P.M.P.No.47844 of 2014 in W.P.No.38238 of 2014. Aggrieved thereby, the petitioner in the contempt case filed this appeal under Clause 15 of the Letters Patent.

2. The Registry however raised an objection as to how the appeal was maintainable. The matter was therefore posted for hearing before this Court on the issue of maintainability of the appeal.

3. Sri M.Pitchaiah, learned counsel for the appellant, would contend that this appeal is maintainable under Clause 15 of the Letters Patent and that restrictions under Section 19 of the Contempt of Courts Act, 1971 (for brevity, ‘the Act of 1971’) would have no application. He placed reliance on case law to support his contention:

In V.M. Manohar Prasad Vs. N. Ratnam Raju, (2004) 13 SCC 610, the Supreme Court was considering a case where an appeal was filed against further directions given by a learned Judge exercising contempt jurisdiction and the Division Bench of the High Court had








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