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2022 Supreme(Raj) 297

MANINDRA MOHAN SHRIVASTAVA, ANOOP KUMAR DHAND
V P Singh S/o Shri Sultan Singh – Appellant
Versus
K. P. Singh, Chairman, Baroda Rajasthan Kshetriya Gramin Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Rajendra Kumar Soni, Advocate.
For the Respondent: Rupin Kala, GC.

JUDGMENT :

1. Heard.

2. An objection with regard to maintainability of appeal has been raised referring to provisions contained under Section 19 of the Contempt of Court Act, 1971 (hereinafter referred to as "the Act of 1971") that the appeal has been preferred against the order passed by the Ld. Single Judge in exercise of its contempt jurisdiction, dismissing the petition.

3. That an appeal under Section 19 of the Act of 1971 would not be maintainable against an order dismissing contempt petition is not only clear from the provisions itself but no longer res-integra in view of series of decisions of the Supreme Court. The provisions contained under Section 19 of the Act of 1971, with which we are concerned in the present case, read as below:-

Section 19 of the Act of 1971:-

    "19. Appeals. (1) An appeal shall lie as of right from any order or decision of High Court in/the exercise of its jurisdiction to punish for contempt--

(a) where the order or decision is that of a single judge, to a Bench of not less than two Judges of the Court;

(b) where the order or decision is that of a Bench, to the Supreme Court:

Provided that where the order or decision is that of the Court of the Judicial Comm

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