Satyanarayan Pattnaik v. Saroj Ranjan Nayak

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTAC No.1 OF 2019 Satyanarayan Pattnaik ....

Appellant Mr. Surendra Nath Panda, Advocate -versusSaroj Ranjan Nayak, Zonal Manager, UCO Bank, Bhubaneswar & another ....

Respondents Mr. Subrat Mishra Advocate for Bank

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S.SAHOO Order No.

ORDER (Oral) 04.01.2022 05.

1. This matter is taken up through hybrid mode.

2. The present appeal/CONTAC No.1 of 2019 is filed against the order dated 25th April,2019 passed in CONTC No.688 of 2018, whereby, the Court for the reasons recorded therein, decided to drop the contempt proceeding.

3. At the outset, the learned counsel for the respondents-Bank has taken a preliminary objection that since there is no order imposing any punishment for contempt, the present appeal is not maintainable, in the light of the provisions of sub-section (1) of Section 19 of the Contempt of Courts Act,1971. In support of his contentions, he relies on the decisions of the Hon'ble Supreme Court in the cases of Midnapore Peoples' Coop. Bank Ltd. & others v. Chunilal

// 2 // Nanda and others; (2006) 5 SCC 399 and State of Maharashtra v. Mahboob S. Allibhoy and another; (1996)4 SCC 411.

4. After hearing the learned counsel for the parties, we are fully in agreement with the learned counsel for the respondents that the present appeal is not maintainable, hence the contempt proceedings are liable to be dismissed.

5. In view of the above, the CONTAC is dismissed. (Jaswant Singh) Judge (M.S. Sahoo) Judge January 4th 2022 Cuttack Gs/Radha