- (1.) Leave granted.
(2.) We have heard learned counsel for the parties. We find no justifiable reason for the High Court to direct the Contempt Petition filed by the Petitioner "to go out of list for the present," merely on the statement made on behalf of the alleged contemnor that a Special Leave Petition had been filed in this Court. Contempt proceedings shall always be maintainable unless the Appellate Court finds it fit to stay the operation of the Order/Judgment of which contempt is alleged. In the case in hand, the Order on which the Petitioner has placed reliance was pronounced on 9.12.2013 and till date the Special Leave Petition has not even been listed for hearing before this Court. It is trite that the filing of an Appeal does not result in the assailed Order becoming inoperative and unworthy of being complied with. There was, therefore, no justification for taking the Contempt Petition off the list of the High Court, albeit with permission granted for its re-listing. This Order would have been appropriate in the event that this Court had stayed the operation of the Judgment in favour of the Petitioner before us, which we emphasise had been pronounced as far back as on 9.12.2013.
(3.) It is in these circumstances that we set aside the impugned Order dated 7.5.2014. The Contempt Petition, CPAN 413 of 2014, is directed to be listed before the Division Bench of the High Court forthwith. We expect the said petition to be heard and disposed of within four months of the service of these Orders on the High Court.;