SC Quashes Order, Remits Contempt Case for High Court Review.
02 December 2024
Civil Appeals >> Civil & Consumer Law
The Court in the matter of Brajendra Singh Chauhan & Others v/s Giridhar Aramane & Another., held that an order declaring respondents not guilty of contempt is not appealable, as per the judgment in Midnapore Peoples’ Coop. Bank Ltd. v. Chunilal Nanda (2006). In exceptional cases, such an order can only be challenged through a writ petition under Article 226 before the High Court.
The Court referred to the L. Chandra Kumar v. Union of India (1997) case, establishing that since the administrative tribunal is subordinate to the High Court, the High Court should exercise its jurisdiction under Article 226. As a result, the impugned order was quashed and the matter was remitted back to the High Court for proper consideration of the appellant’s writ petition. The Court further requested the High Court to expedite the decision on the petition, preferably within six months.