- (1.) Heard Sri Rohit Pandey holding brief of learned counsel for the appellant and Sri Sudhir Mehrotra, learned Special Counsel for the High Court.
(2.) This appeal under section 19 of the Contempt of Courts, Act, 1971 is directed against the following order of the learned Single Judge:- "Counter affidavit filed on behalf of opposite party nos. 1 and 2. In para 7 it is stated that the result of the applicant of B.A. Part-II and B.A. Part-III examination have been declared, though date has not been given. Learned counsel for the opposite party states that the result was declared on 16.4.2004. He has brought the mark-sheet for B.A. Part II as well as B.A. Part-III. Learned counsel for the applicant is not prepare to receive the mart-sheet. Opposite party is directed to send the mark-sheet to the applicant by speed post within a week. In view of the aforesaid fact since the order has been complied with notice is discharged. Petition is rejected. Learned counsel for the applicant states that the direction of this Court was to declare the result within three weeks but the same has not been declared within three weeks, which caused great hardship to the applicant. In counter affidavit no proper explanation has been given for the delay in declaring the result. In the circumstances, a sum of Rs. 2,500/- is awarded toward cost to the opposite party nos. 1 and 2 payable to the applicant within a month."
(3.) This appeal was admitted and the direction to pay a cost of Rs. 2,500/- was stayed by the following order dated 28.5.2004:- "Admit. Issue notice. Until further orders operation of the impugned judgment and order dated 23.4.2004 awarding cost in contempt proceedings to the tune of Rs. 2500/- is hereby stayed. Impugned judgment and order passed by learned Single Judge in Civil Miscellaneous Contempt Application No. 489 of 2004 shall remain stayed.";