Appeal against the order passed in contempt proceeding is maintainable if the same is passed in exercise of contempt jurisdiction of High Court and the order is judgment.

(Appeal filed under Clause 15 of the Letters Patent against the order dated 29.6.2004 in Contempt Petition No.53 of 2004 passed by the learned single Judge.)

P.K. Misra, J

Though the matter was listed for considering the question of stay/vacating the stay, since the very same question is involved in deciding the appeal, on consent of the counsels, the entire appeal has been heard on merit and is being disposed of by the present judgment.

2. The facts giving rise to the present appeal are as follows :-

The present appellant awarded contract to the present respondent for a period of two years in respect of three tank lorries with effect from 1.9.2000 and for six tank lorries with effect from 1.11.2000, which provides extension for another year on the same terms and conditions. Dictating some serious violations in respect of two of the tank lorries, two show cause notices were issued on 31.5.2003. Under the show cause notices, it was intimated “... We are suspending all your tank lorries which are in contract with BPCL with immediate effect”. A reply was furnished by the respondent claiming that malpractice had been committed by the concerned driver without the knowledge and connivance of the respondent. Two writ petitions, namely, W.P.No.17962 and 17966 of 2003 were filed challenging such order of suspension and interim orders were passed on 30.6.2003 staying the operation of such suspension order in respect of seven lorries relating to which no malpractice had been detected. On 20.6.2003, an order blacklisting the tank lorries was issued. The operative portion was to the following effect :-

“We are therefore, blacklisting your ten tank lorries, which are in contact with BHARAT PETROLEUM CORPORTION i.e. including the seven tank lorries, which are in contract at Tondiarpet Installation along with the crew with immediate effect including ex-MI loads on industry basis as per industry guidelines on transport discipline July 1998.”

A counter affidavit in the two writ petitions was filed on 22.7.2003 justifying the order of suspension. In such counter affidavit the subsequent order of blacklisting was also indicated.

While the writ petitions were pending, the present respondent filed petition under Section 9 of the Arbitration and Conciliation Act, 1996, numbered as O.A.No.724 of 2003 and an order of stay was passed on 5.9.2003 staying the operation of the order dated 20.6.2003 except with regard to two tank lorries involved in the malpractice.

While considering the miscellaneous petitions, both the writ petitions were taken up for hearing with the consent of the counsels appearing for the parties and by common order dated 16.9.2003, both the writ petitions were dismissed. Thereafter, the present respondent filed W.A.Nos.3797 & 3798 of 2003 on 28.10.2003. By the time the writ appeals were taken up, the respondent had also filed O.P.No.708 of 2003 for appointment of an arbitrator. Noticing all these developments, the Division Bench observed:-

“4. In view of the fact that the contract period has itself ended and now, the controversy is limited to action of blacklisting both the parties agree that the matter should now be proceeded with by an arbitral Tribunal as per the transport agreement between the parties. Both the parties agree that both the parties should be allowed to raise all such plea as are available to them in law. If the matters are proceeded before the Arbitral Tribunal, now both the parties agree that the writ appeals could be disposed of as infructuous. In that view, the writ appeals are declared as infructuous and are disposed of as such.”

On 21.1.2004, the respondent filed Contempt Petition No.53 of 2004 alleging violation of the interim order of stay dated 5.9.2003 in O.A.No.724 of 2003. In reply to such contempt petition, the present appellant narrated the developments from stage to stage. In such reply it was also indicated that the Corporation had intimated about the list of tank lorries blacklisted to all oth