Allahabad HC Rejects Intra-Court Appeal on Contempt Notice

Allahabad HC denies intra-court appeal against contempt notice in International Service Fellowship Usa v. Harendra Kumar Masih

The Allahabad High Court has ruled that an intra-court appeal is not maintainable against an order issuing notices, as pronounced by a Single Judge presiding in contempt jurisdiction.

In the contempt petition, the Single Judge issued notices and directed the district administration not to impede the construction of individuals not party to First Appeal From Order No. 334 of 2022. Challenging this interim order, a contempt appeal was lodged, contending that the vendees of various defendants were also bound by the High Court's decision in FAFO.

Respondents' counsel objected to the maintainability of the contempt appeal against the notice-issuing order.

Citing Midnapore Peoples Co-op. Bank Ltd. & Ors. vs. Chunilal Nanda & Ors., the Court noted that the Supreme Court had elucidated on the permissibility of intra-court appeals in such cases.

The bench of Justice Ashwani Kumar Mishra and Justice Mohd. Azhar Husain Idrisi, drawing from the Supreme Court's decision, remarked, "Clause v of the judgment makes it abundantly clear that where the High Court in exercise of contempt proceedings decides an issue or makes a direction relating to the merits of the dispute the aggrieved person is not without remedy. Such an order is open to challenge in intra-court appeal if the order under challenge is passed by the learned Single Judge and in the absence of intra-court appeal by seeking special leave to appeal, under Article 136 of the Constitution of India."

Consequently, the Court affirmed that the Single Judge's order issuing notices could not be contested through an intra-court appeal.