JUDGMENT :

AJAY MOHAN GOEL, J.

1. By way of this petition filed under Article 227 of the Constitution of India, the petitioner has challenged order dated 18.10.2023, passed by the Court of learned Senior Civil Judge, Shimla, H.P. in a Contempt Petition filed under Order 39 Rule 2-A of the Code of Civil Procedure (hereinafter referred to as the “CPC”) by the Decree Holder, in terms whereof, warrant of arrest has been issued against the present petitioner by invoking the provisions of Order 21 Rule 37 of the CPC by the learned trial Court.

2. Learned counsel for the petitioner has argued that the impugned order ex facie is not sustainable in the eyes of law, as the learned trial Court erred in not appreciating that the provisions of Order 21 Rule 37 of the CPC, can be invoked only in the event of there being a money decree in favour of the Decree Holder and herein, as the contention of the party, which had filed an application under Order 39 Rule 2-A of the CPC was that there was a willful disobedience of the interim order passed by the learned trial Court, by no stretch of imagination, warrant of arrest could have been issued as provided under Order 21 Rule 37 of the CPC. Accordingly,