Jagmohan Kapoor v. Mamta Kapoor

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.APP.(C) 13/2023, CM APPLs. 13972/2023 & 13973/2023 JAGMOHAN KAPOOR ..... Appellant Through:

Mr. R K Tarun and Mr. Rohit Shukla, Advs.

versus MAMTA KAPOOR ..... Respondent Through:

Ms. Manika Tripathy, SC with Mr.Ashutosh Kaushik, Advs.

Ms. Sudershani Ray, Advocate

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 14.02.2024 1.

Yesterday, we raised an issue on the maintainability of the appeal because of the fact that the contempt petition was dismissed with cost of ₹25,000/- to be paid to the respondent.

2.

In view of the position of law in the case of D.N. Taneja v. Bhajan Lal, (1988) 3 SCC 26 and Midnapore Peoples' Coop. Bank Ltd. v. Chunilal Nanda, (2006) 5 SCC 399, the present appeal is not maintainable under Section 19 of the Contempt of Courts Act, 1971. Liberty is with the appellant to seek such remedy as available in law. 3.

The appeal is dismissed. No Cost.

V. KAMESWAR RAO, J SAURABH BANERJEE, J FEBRUARY 14, 2024/ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:40:32