Ajoy Nath Ray, J.

1. This is an application for contempt filed by the writ petitioner for violation of my order dated 7th March, 1994 passed in the main writ petition. I had passed an order on 7.3.94 for relesae of the goods to the writ petitioners after consideration of s. 110 of the Customs Act. I find no defence to the contempt application save and except that a stay application is pending disposal in the appeal court in aid of the appeal sought to be preferred from my order. But even though the said application is pending" there is no stay of operation of my order. One would have thought that since, according to a well-known principle, the pendency of an appeal does not automatically imply a stay, such pendency of the stay application before an appeal court would be no answer whatsoever to a contempt application already initiated for breach and disobedience of the first court's order, i.e., my order.

2. Mr. Prantosh Mukherjee, learned Council for contemner respondent, has drawn my attention to a recent pronouncement of the Supreme Court which does call for a reasoned decision. In the said case reported in 1994 AIR sew 460 (Modern Food Industries (India) Ltd. & Anr. vs.