VidhiSangh

Supreme Court of India · 16/11/2017

ECL FINANCE LTD. versus HARIKISHAN SHANKARJI GUDIPATI & ORS.

[2017] 11 S.C.R. 1036 · 2017 INSC 1122

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Summary

A Single Judge issued notice on a contempt petition alleging breach of a consent decree. The respondents obtained an intra-court appeal while its maintainability remained undecided. The Supreme Court held that the notice reflected only prima facie satisfaction, set aside the Division Bench order and requested consolidation with the pending execution proceedings.

Issues

  1. Whether the preliminary contempt notice was appealable under Section19.
  2. How the contempt and decree-execution proceedings should proceed.

Held

Result

Appeal disposed of; Division Bench order set aside. Single Judge requested to consolidate execution and contempt proceedings and determine the amount payable under the decree, with settlement left open.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 1036.