The Court dismissed an appeal against the issuance of a notice under Article 215 of the Constitution of India in Civil Misc. Writ Petition No. 165044 of 1991, holding that no appeal lies against such notice issuance.
Suspension of the order set aside; matter remanded to the Single Judge.
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Court No. - 45
Case :- CONTEMPT APPEAL No. - 320 of 1993
Appellant :- Shri J. C. Gupta And Another Respondent :- Aftab Ahmad Khan Counsel for Appellant :- A. S. Kapoor
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajai Tyagi,J.
Shri A.S. Kapoor, learned counsel for the appellant has absented himself. None of the accused or their Advocates have appeared before this Court, though this appeal is of the year 1993 challenging issuance of notice.
This appeal is against the issuance of notice under Article 215 of the Constitution of India in Civil Misc. Writ Petition No.165044 of 1991 and against consequential notice/summon issued against the appellants. No appeal lies against issuance of notice. The grounds of objection are not germane. The suspension of the order is set aside.
The matter would stand now before the learned Single Judge who had initiated contempt proceedings and proceed with the matter, if yet not over.
Accordingly, this contempt appeal is dismissed.
Order Date :- 24.11.2021 Ashutosh Pandey
1 issue framed by the court
Whether an appeal against the issuance of a notice under Article 215 of the Constitution of India lies.
Shri J. C. Gupta And Another
Aftab Ahmad Khan
Dr. Kaushal Jayendra Thaker
Ajai Tyagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
