Mahendra Dev vs Radhe Shyam Pandey - Contempt of Courts - Pendency Of Appeal

Contempt of Courts Act -Practice and Procedure -HC (single bench) directed the presence of the Director of Secondary Education of the State of Uttar Pradesh if an affidavit of compliance is not filed or an interim order is not granted in the Special Appeal filed from the judgment, from which arose the Contempt Application- Allowing appeal SC observed: The litigant’s remedy of appeal cannot be allowed to be frustrated under threat of contempt proceedings. The direction of the learned Single Judge to produce a stay order or comply with the directions, would indirectly result in directing the Division Bench to peremptorily take up the stay application in the appeal- Contempt proceedings be kept in abeyance till the appeal is disposed of- Referred to to Modern Food Industries (India) Ltd. Vs. Sachidanand Das 1995 Supp (4) SCC 465.