Union Of India v. C.L.Jain Woolen Mills

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.APP.(C) 2/2015 UNION OF INDIA ..... Appellant Through : Sh. Satish Aggarwala, Advocate.

versus C.L.JAIN WOOLEN MILLS ..... Respondent Through : Sh. Rajesh Rawal, Advocate, for Respondent No.1.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 05.02.2016 Learned counsel seeks liberty to withdraw the present appeal on being pointed out that it is not maintainable because Section 19 of the Contempt of Courts Act, 1971 applies only when the order of punishment is in issue. At the same time, given that the appellant is aggrieved by the non-compliance of the order of the learned Single Judge made on 07.11.2013, he seeks liberty to agitate his grievance vis-a-vis recovery of the amount pursuant to proceedings for execution of decree which was ultimately set aside. In the circumstances, the appellant is at liberty to seek its remedies - including under Section 144 CPC. The appeal is accordingly dismissed as withdrawn.

S. RAVINDRA BHAT, J DEEPA SHARMA, J FEBRUARY 05, 2016/ajk