P T CHACKO Vs. VARESH SINHA
LAWS(GJH)-1993-2-63
HIGH COURT OF GUJARAT
Decided on February 02,1993

P.T.CHACKO Appellant
VERSUS
VARESH SINHA Respondents

JUDGEMENT

B. S. KAPADIA - (1.) In this petition the petitioner has prayed for prosecuting and punishing the respondent for committing wilful disobedience of the order passed by this Court on 15.5.1992 under the provisions of the Contempt of Courts Act 1971 Copy of the said order is produced at Annexure-B to the petition. On perusal of the said order it is clear that the Supreme Court in the S.L.P.(Civil) No.6572 of 1992 has granted special leave to appeal. In the said appeal interloutory application for stay was filed and on the said application the Supreme Court has passed the following order: "During the pendency of the appeal there shall be stay of the operation of the impugned judgment on the condition that the appellant pays to the respondent the subsistence allowance for the period from the date of the dismissal onwards within two months from today in accordance with law and continues to pay the subsistence allowance in future till the final disposal of the case".
(2.) However when the writ was sent to this Court the following words are added: "And this Court doth further order that this order be punctually observed and carried into execution by all concerned". In pursuance of the said writ received by this Court the Addl. Register of this Court after reproducing the above order issued the following writ: "It is hereby accordingly ordered that the above order of the Supreme Court be carried into execution as ordered by the Supreme Court". Said writ is also deated 15.5.1992 though somebody on behalf of the Additional Registrar has signed the same on 29.5.1992.
(3.) Under the provisions of the Contempt of Courts Act this Court has jurisdiction to deal with contempts of this Court as well as that of the subordinate Courts. It it is a contempt of the Supreme Courts this will not have jurisdiction to entertain such petition.;


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