B. M. Lal J. - (1.) BY this special appeal preferred under Chapter VIII Rule 5 of The Allahabad High Court Rules 1952' (for short the Rules) read with Section 19 of 'The Contempt of Courts Act, 1971' (for short the Act), impugned order dated 22-9-1992 passed by learned Single Judge is sought to be quashed.
(2.) THE factual matrix of the case giving rise to instant special appeal are as under :- Dr. Smt Bharti Raj, respondent in the instant special appeal, -brought an action before learned Single Judge of this Court for initiating proceedings for contempt of court against the 13 persons named in the contempt application including the appellants in present special appeal, alleging that they have wilfully avoided compliance of the orders passed by this Court. Learned Single Judge while sitting in contempt matters, having found prima facie case made out, vide order dated 22-9-92 directed to issue notices against the respondents 1 to 10 and 11 and 13 and further directed them to appear before him in person. The above order is quoted below : "Heard learned counsel for the petitioner and also Mr. L P. Naithani. Under the circumstances it appears just that the notices in this contempt petition against respondents no 1 to 10 and 11 and 13 be issued. They are directed to appear before me on 16th of October, 1992 in person. Office is directed to serve notices on them."
(3.) ACCORDINGLY notices were issued to following 12 persons including present appellants : 1. Prof. D. D. Khanna (Appellant No. 1). 2. Dr. (Smt.) Asha Seth (Appellant No. 2.; 3. Sri Ashok Mohiley (Appellant. No. 3). 4. Sri L. D. Bhatta. 5. Sri C. D. Pandey, 6.Sri P. B. Pathak. 7.Sri S. N. Ojha. 8.Sri Hira Singh. 9.Sri M. R. Pandey. 10.Dr. Sant Ram. 11.Sri H. S. Dubey. 12.Dr. B. M. L. Tiwari. Against the aforesaid order dated 22-9-92, above referred 3 appellants preferred against special appeal on which this court directed to list the appeal for hearing on 16th November 1992 and further directed that pending disposal of the appeal there will be stay of the impugned order so far as it directed the appellants to be personally present.;