- (1.) This contempt application has been moved under Article 215 of the Constitution of India (hereinafter referred to as the Constitution) by Mr. R. K. Chakravarty, Collector and Mr. Mahender Singh, Assistant Collector, Custom and Central Excise, Varanasi, applicants. (They are respondents in Civil Misc. Writ Petition No. 398 of 1984 moved under Article 226 of the Constitution by petitioners Messrs National Chemical Works Manduadih, Varanasi). The relief sought in the present contempt petition is that this Court may charge the partners of the petitioner from (M/s National Chemical Works) jointly and severally and punish them for the abuse of the process of the court.
(2.) Article 215 of the Constitution runs as follows: High Courts to be Courts of record : - Every High Court shall be a Court of record and shall have all the powers of such a Court including the power to punish for contempt of itself. Obviously then the applicants are treating the alleged 'abuse of process of the court' as contempt of court.
(3.) Here it may be noted that present contempt application was presented before the sitting in a single Judge Bench of this Court for admission, The case is itself at admission stage.;