Mamta Anand Alias Sangeeta Anand vs Ravinder Kaur on 26 May, 2026

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    Delhi High Court

    Mamta Anand Alias Sangeeta Anand vs Ravinder Kaur on 26 May, 2026

    Author: Prathiba M. Singh

    Bench: Prathiba M. Singh

                              $~64
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                           Date of decision: 26th May, 2026
                                                              Uploaded on: 27th May, 2026
    
                              +      CONT.APP.(C) 8/2026 & CM APPL. 36653/2026, CM APPL.
                                     36809/2026
                                     MAMTA ANAND ALIAS SANGEETA ANAND .....Appellant
                                                   Through: Mr. Ashok Kumar, Adv.
                                                   versus
                                     RAVINDER KAUR                          .....Respondent
                                                   Through: None.
                                     CORAM:
                                     JUSTICE PRATHIBA M. SINGH
                                     JUSTICE MADHU JAIN
                              Prathiba M. Singh, J. (Oral)
    

    1. This hearing has been done through hybrid mode.
    CM APPL. 36809/2026 (for exemption)

    2. Allowed, subject to all just exceptions. Application is disposed of.
    CM APPL. 36653/2026 (for modification)

    SPONSORED

    3. The present application has been filed by the Appellant under Section
    151
    of CPC seeking modification of the order dated 27th March, 2026 passed
    by this Court.

    4. By way of the said order dated 27th March, 2026, this Court had come
    to the conclusion that the appeal filed by the Appellant was not maintainable
    at that stage and was premature in nature, as the ld. Single Judge vide the
    impugned order dated 6th September, 2022 and 10th February, 2026 passed in
    CONT. CAS (C). 428/2016 titled ‘Ravinder Kaur v. Mamta Anand & Anr.
    had held that the Appellants were guilty of contempt. However, no sentence
    was awarded and the matter is still pending before the ld. Single Judge for

    Signature Not Verified
    Digitally Signed CONT.APP.(C) 8/2026 Page 1 of 12
    By:DHIRENDER KUMAR
    Signing Date:27.05.2026
    17:10:46
    determining the quantum of punishment.

    5. The submission of ld. Counsel for the Appellant today is that the said
    order dated 27th March, 2026 deserves to be modified as a Coordinate Bench
    of this Court in R.K. Yadav Through Director of Income Tax Inv-II & others
    Vs. Dinesh Kumar
    in Cont. App.
    (C) No.2/2025 has taken into consideration
    the decision of the Supreme Court in Midnapore Peoples’ Coop. Bank Ltd.
    v. Chunilal Nanda
    , (2006) 5 SCC 399 and the decision of a Coordinate Bench
    of this Court in Sarojini Nagar Jhuggi Jhopri Vikas Samiti v. Suresh
    Kumar
    , 2022 SCC Online Del 3669 to hold that an appeal under Section 19
    of the Contempt of Courts Act, 1971, is maintainable if an order records the
    guilt of the Contemnor or punishment thereof.

    6. This Court has, in the past, had the occasion to consider the judgment
    in Midnapore Peoples’ Coop. Bank Ltd. (supra) repeatedly in
    CONT.APP.
    (C) 7/2026 titled Dalbir Singh Yadav & Ors. v. Rajdarbar
    Heritage Ventures Ltd. and in CONT.APP.(C) 2/2026 titled Raghunath
    Singh & Ors. v. Chetan Prakash Jain & Anr.

    7. The findings of this Court in its decision dated 10th February, 2026 in
    Dalbir Singh Yadav (supra), is as under:

    “15. The law on the aspect of maintainability of an
    appeal against orders passed in contempt petitions is well
    settled. The Supreme Court in Midnapore Peoples’ Coop.
    Bank Ltd.
    (Supra) has held that appeals under Section 19
    of the Contempt of Courts Act, 1971 would be
    maintainable only against an order imposing punishment
    for contempt. The relevant portion of the said decision
    reads as under:

    “10. Section 19 of the Contempt of Courts Act, 1971
    (“the CC Act” for short) provides for appeals. Relevant
    portion of sub-section (1) thereof is extracted below:

    Signature Not Verified
    Digitally Signed CONT.APP.(C) 8/2026 Page 2 of 12
    By:DHIRENDER KUMAR
    Signing Date:27.05.2026
    17:10:46

    “19. (1) An appeal shall lie as of right from any order
    or decision of the High Court in the exercise of its
    jurisdiction to punish for contempt–

    (a) where the order or decision is that of a Single
    Judge, to a Bench of not less than two Judges of the
    Court;

    (b) where the order or decision is that of a Bench,
    to the Supreme Court:”

    The scope of Section 19 has been considered by this
    Court in Baradakanta Mishra v. Justice Gatikrushna
    Misra
    [(1975) 3 SCC 535 : 1975 SCC (Cri) 99 : AIR
    1974 SC 2255] , Purshotam Dass Goel v. Justice B.S.
    Dhillon
    [(1978) 2 SCC 370 : 1978 SCC (Cri) 195 : AIR
    1978 SC 1014] , Union of India v. Mario Cabral e Sa
    [(1982) 3 SCC 262 : 1983 SCC (Cri) 10 : AIR 1982 SC
    691] , D.N. Taneja v. Bhajan Lal
    [(1988) 3 SCC 26 :

    1988 SCC (Cri) 546] , State of Maharashtra v.
    Mahboob S. Allibhoy
    [(1996) 4 SCC 411 : 1996 SCC
    (Cri) 675] and J.S. Parihar v. Ganpat Duggar
    [(1996)
    6 SCC 291 : 1996 SCC (L&S) 1422] . These cases dealt
    with orders refusing to initiate contempt proceedings
    or initiating contempt proceedings or
    acquitting/exonerating the contemnor or dropping the
    proceedings for contempt. In all these cases, it was
    held that an appeal was not maintainable under
    Section 19 of the CC Act as the said section only
    provided for an appeal in respect of orders punishing
    for contempt.

    10.1. In Baradakanta Mishra [(1975) 3 SCC 535 : 1975
    SCC (Cri) 99 : AIR 1974 SC 2255] a three-Judge Bench
    of this Court held that an order declining to initiate a
    proceeding for contempt amounts to refusal to assume
    or exercise jurisdiction to punish for contempt and,
    therefore, such a decision cannot be regarded as a
    decision in the exercise of its jurisdiction to punish for
    contempt. The question as to whether an appeal would
    be maintainable under Section 19 where the court
    initiates a proceeding for contempt but after due

    Signature Not Verified
    Digitally Signed CONT.APP.(C) 8/2026 Page 3 of 12
    By:DHIRENDER KUMAR
    Signing Date:27.05.2026
    17:10:46
    consideration and hearing finds the alleged contemnor
    not guilty of contempt, or having found him guilty
    declines to punish him, was left open.

    10.2. In Purshotam Dass Goel [(1978) 2 SCC 370 :

    1978 SCC (Cri) 195 : AIR 1978 SC 1014] certain
    aspects of Section 19 were left open. This relevant
    portion is extracted below: (SCC pp. 371-72, para 3)
    “The [contempt] proceeding is initiated under
    Section 17 by issuance of a notice. Thereafter, there
    may be many interlocutory orders passed in the said
    proceeding by the High Court. It could not be the
    intention of the legislature to provide for an appeal
    to this Court as a matter of right from each and every
    such order made by the High Court. The order or the
    decision must be such that it decides some bone of
    contention raised before the High Court affecting the
    right of the party aggrieved. Mere initiation of a
    proceeding for contempt by the issuance of the notice
    on the prima facie view that the case is a fit one for
    drawing up the proceeding, does not decide any
    question. … It is neither possible, nor advisable, to
    make an exhaustive list of the type of orders which
    may be appealable to this Court under Section 19. A
    final order, surely, will be appealable.
    ***
    If the alleged contemnor in response to the notice
    appears before the High Court and asks it to drop the
    proceeding on the ground of its being barred under
    Section 20 of the Act but the High Court holds that
    the proceeding is not barred, it may well be that an
    appeal would lie to this Court under Section 19 from
    such an order although the proceeding has remained
    pending in the High Court. We are not called upon to
    express our final opinion in regard to such an order,
    but we merely mention this type of order by way of an
    example to show that even orders made at some
    intermediate stage in the proceeding may be
    appealable under Section 19.”

    Signature Not Verified
    Digitally Signed CONT.APP.(C) 8/2026 Page 4 of 12
    By:DHIRENDER KUMAR
    Signing Date:27.05.2026
    17:10:46

    10.3. While Baradakanta Mishra [(1975) 3 SCC 535 :

    1975 SCC (Cri) 99 : AIR 1974 SC 2255] and Purshotam
    Dass [(1978) 2 SCC 370 : 1978 SCC (Cri) 195 : AIR
    1978 SC 1014] left open the question whether an appeal
    under Section 19 would be maintainable in certain
    areas, in D.N. Taneja [(1988) 3 SCC 26 : 1988 SCC
    (Cri) 546] a three-Judge Bench of this Court
    categorically held that appeals under Section 19 would
    lie only against the orders punishing the contemnor
    for contempt and not any other order passed in
    contempt proceedings. We extract below the relevant
    portions from the said decision: (SCC pp. 29-32, paras
    8, 10 & 12)
    “The right of appeal will be available under sub-

    section (1) of Section 19 only against any decision or
    order of a High Court passed in the exercise of its
    jurisdiction to punish for contempt. … When the High
    Court does not impose any punishment on the alleged
    contemnor, the High Court does not exercise its
    jurisdiction or power to punish for contempt. The
    jurisdiction of the High Court is to punish. When no
    punishment is imposed by the High Court, it is
    difficult to say that the High Court has exercised its
    jurisdiction or power as conferred on it by Article
    215
    of the Constitution.

    ***
    It is true that in considering a question whether the
    alleged contemnor is guilty of contempt or not, the
    court hears the parties and considers the materials
    produced before it and, if necessary, examines
    witnesses and, thereafter, passes an order either
    acquitting or punishing him for contempt. When the
    High Court acquits the contemnor, the High Court
    does not exercise its jurisdiction for contempt, for
    such exercise will mean that the High Court should
    act in a particular manner, that is to say, by imposing
    punishment for contempt. So long as no punishment
    is imposed by the High Court, the High Court cannot

    Signature Not Verified
    Digitally Signed CONT.APP.(C) 8/2026 Page 5 of 12
    By:DHIRENDER KUMAR
    Signing Date:27.05.2026
    17:10:46
    be said to be exercising its jurisdiction or power to
    punish for contempt under Article 215 of the
    Constitution.

    ***
    The aggrieved party under Section 19(1) can only be
    the contemnor who has been punished for contempt
    of court.”

    (emphasis supplied)

    10.4. In Mahboob S. Allibhoy [(1996) 4 SCC 411 : 1996
    SCC (Cri) 675] this Court reiterated the above position
    thus: (SCC p. 414, para 3)
    “On a plain reading Section 19 provides that an
    appeal shall lie as of right from any order or decision
    of the High Court in exercise of its jurisdiction to
    punish for contempt. In other words, if the High
    Court passes an order in exercise of its jurisdiction
    to punish any person for contempt of court, then only
    an appeal shall be maintainable under sub-section
    (1) of Section 19 of the Act. As sub-section (1) of
    Section 19 provides that an appeal shall lie as of right
    from any order, an impression is created that an
    appeal has been provided under the said sub-section
    against any order passed by the High Court while
    exercising the jurisdiction of contempt proceedings.
    The words ‘any order’ have to be read with the
    expression ‘decision’ used in the said sub-section
    which the High Court passes in exercise of its
    jurisdiction to punish for contempt. ‘Any order’ is not
    independent of the expression ‘decision’. They have
    been put in an alternative form saying ‘order’ or
    ‘decision’. In either case, it must be in the nature of
    punishment for contempt. If the expression ‘any
    order’ is read independently of the ‘decision’ then an
    appeal shall lie under sub-section (1) of Section 19
    even against any interlocutory order passed in a
    proceeding for contempt by the High Court which
    shall lead to a ridiculous result.”

    Signature Not Verified
    Digitally Signed CONT.APP.(C) 8/2026 Page 6 of 12
    By:DHIRENDER KUMAR
    Signing Date:27.05.2026
    17:10:46

    10.5.J.S. Parihar v. Ganpat Duggar [(1996) 6 SCC 291
    : 1996 SCC (L&S) 1422] is nearest to this case, on facts.
    A contempt petition was filed alleging that the seniority
    list drawn pursuant to the order of the High Court was
    not in conformity with the said order. The High Court
    found it to be so, but held that the disobedience was not
    wilful and, therefore, did not punish for contempt. But
    the High Court gave a direction to redraw the seniority
    list. The State Government challenged the said direction
    in an intra-court appeal. The Division Bench held that
    the appeal was not maintainable under Section 19 of the
    CC Act, but was maintainable as an intra-court appeal
    as the direction issued by the Single Judge would be a
    “judgment” within the meaning of that expression in
    Section 18 of the Rajasthan High Court Ordinance.
    Accordingly, the Division Bench set aside the direction
    of the learned Single Judge to redo the list. The said
    order was challenged before this Court. This Court
    confirmed the decision of the Division Bench and held
    as follows: (SCC pp. 293-94, paras 5 & 6)
    “Therefore, an appeal would lie under Section 19
    when an order in exercise of the jurisdiction of the
    High Court punishing the contemnor has been
    passed. In this case, the finding was that the
    respondents had not wilfully disobeyed the order. So,
    there is no order punishing the respondent for
    violation of the orders of the High Court.
    Accordingly, an appeal under Section 19 would not
    lie.

    ***
    The question is whether seniority list is open to
    review in the contempt proceedings to find out
    whether it is in conformity with the directions issued
    by the earlier Benches. It is seen that once there is an
    order passed by the Government on the basis of the
    directions issued by the court, there arises a fresh
    cause of action to seek redressal in an appropriate

    Signature Not Verified
    Digitally Signed CONT.APP.(C) 8/2026 Page 7 of 12
    By:DHIRENDER KUMAR
    Signing Date:27.05.2026
    17:10:46
    forum. The preparation of the seniority list may be
    wrong or may be right or may or may not be in
    conformity with the directions. But that would be a
    fresh cause of action for the aggrieved party to avail
    of the opportunity of judicial review. But that cannot
    be considered to be the wilful violation of the order.
    After re-exercising the judicial review in contempt
    proceedings, a fresh direction by the learned Single
    Judge cannot be given to redraw the seniority list. In
    other words, the learned Judge was exercising the
    jurisdiction to consider the matter on merits in the
    contempt proceedings. It would not be
    permissible….”

    11. The position emerging from these decisions, in
    regard to appeals against orders in contempt
    proceedings may be summarised thus:

    I. An appeal under Section 19 is maintainable only
    against an order or decision of the High Court
    passed in exercise of its jurisdiction to punish for
    contempt, that is, an order imposing punishment for
    contempt.

    II. Neither an order declining to initiate proceedings
    for contempt, nor an order initiating proceedings for
    contempt nor an order dropping the proceedings for
    contempt nor an order acquitting or exonerating the
    contemnor, is appealable under Section 19 of the CC
    Act. In special circumstances, they may be open to
    challenge under Article 136 of the Constitution.
    III. In a proceeding for contempt, the High Court can
    decide whether any contempt of court has been
    committed, and if so, what should be the punishment
    and matters incidental thereto. In such a proceeding,
    it is not appropriate to adjudicate or decide any issue
    relating to the merits of the dispute between the
    parties.

    IV. Any direction issued or decision made by the High
    Court on the merits of a dispute between the parties,
    will not be in the exercise of “jurisdiction to punish

    Signature Not Verified
    Digitally Signed CONT.APP.(C) 8/2026 Page 8 of 12
    By:DHIRENDER KUMAR
    Signing Date:27.05.2026
    17:10:46
    for contempt” and, therefore, not appealable under
    Section 19 of the CC Act. The only exception is where
    such direction or decision is incidental to or
    inextricably connected with the order punishing for
    contempt, in which event the appeal under Section 19
    of the Act, can also encompass the incidental or
    inextricably connected directions.
    V. If the High Court, for whatsoever reason, decides
    an issue or makes any direction, relating to the merits
    of the dispute between the parties, in a contempt
    proceedings, the aggrieved person is not without
    remedy. Such an order is open to challenge in an
    intra-court appeal (if the order was of a learned
    Single Judge and there is a provision for an intra-
    court appeal), or by seeking special leave to appeal
    under Article 136 of the Constitution of India (in
    other cases).

    The first point is answered accordingly.”

    16. The aforesaid position has been reiterated by the
    Supreme Court in Ajay Kumar Bhalla (Supra).
    After
    quoting Midnapore Peoples’ Coop. Bank Ltd. (Supra) the
    Court has held as under:

    “12. Following the decision in Midnapore Peoples’
    Coop. Bank, it is a settled principle that an appeal
    under Section 19 lies only against an order
    imposing punishment for contempt.

    XXX

    14. The Single Judge, after recording the
    submissions as adverted to above, entered a specific
    finding in SCC OnLine Del para 64 that “this Court
    is therefore, of the opinion that there is wilful
    disobedience” (emphasis supplied). The above
    finding follows immediately upon the previous
    paragraph of the order which records the
    contention of the respondent herein that he was
    entitled to promotion to the rank of IG, in any event
    with effect from 2021.

    Signature Not Verified
    Digitally Signed CONT.APP.(C) 8/2026 Page 9 of 12
    By:DHIRENDER KUMAR
    Signing Date:27.05.2026
    17:10:46

    15. Bearing in mind the above finding, the Single
    Judge gave an opportunity to the appellants “to
    issue a fresh order granting promotion to the
    petitioner to the rank of IG” to bring him on a par
    with his immediate junior. Reading the entirety of
    the order of the Single Judge, it is clear that besides
    holding that the appellants (who were the
    respondents before the Single Judge) were guilty of
    contempt of court, there is a crystallised finding that
    the respondent herein was entitled to promotion as
    IG, in any event with effect from 2021.

    XXX

    17. The judgment of the Division Bench lost sight of
    the fact that whether the appeal was maintainable
    would have to be construed on a plain reading of the
    judgment of the Single Judge. Two aspects were
    covered by the judgment of the Single Judge:

    (i) Firstly, a finding that the appellants
    were guilty of contempt of the order dated
    24-12-2019; and

    (ii) Secondly, that the respondent was
    entitled to promotion to the rank of IG.

    The first aspect is not amenable to an appeal under
    Section 19 at the present stage. The finding that the
    respondent was entitled to promotion to the rank of IG
    would be amenable to an appeal in terms of the law laid
    down by
    this Court in Midnapore Peoples’ Coop. Bank,
    more particularly in para 11(V) which has been extracted
    above.”

    Thus, it is only an order punishing for contempt which would be appealable
    under Section 19 of the Act, as per the above decision.

    8. Further, the finding of this Court on the same aspect in its decision
    dated 6th February, 2026 in Raghunath Singh (supra) is as under:

    Signature Not Verified
    Digitally Signed CONT.APP.(C) 8/2026 Page 10 of 12
    By:DHIRENDER KUMAR
    Signing Date:27.05.2026
    17:10:46

    “19. However, this Court is constrained under Section 19
    of the Contempt of Courts Act, 1971. Ld. Counsel for the
    Appellants however submits that the present appeals would
    be maintainable under Section 19 of the Contempt of
    Courts Act, 1971.

    20. However, the law is well settled in this regard.
    Contempt appeals under Section 19 of the Contempt of
    Courts are maintainable only when there is a punishment
    for contempt. The Supreme Court in the decision in
    Midnapore Peoples’ Coop. Bank Ltd. v. Chunilal Nanda,
    (2006) 5 SCC 399, held that an appeal under Section 19
    of the Contempt of Courts Act, 1971 would be
    maintainable only against an order or decision of the
    High Court passed in exercise of its jurisdiction to punish
    for contempt i.e., an order imposing punishment for
    contempt…..

    xxxx

    21. The decision of the Supreme Court in Midnapore
    Peoples’ Coop. Bank Ltd. has been followed by this Court
    in CONT.APP.(C) 23/2025 titled ‘RK Sharma v. Sh.
    Amarjeet Singh’. Accordingly, the present appeals filed
    under Section 19 of the Contempt of Courts Act, 1971 are
    not maintainable.

    9. In the present case, the order dated 6th September, 2022 passed by the
    ld. Single Judge holds that the Appellant is guilty of gross contempt.
    However, no punishment has been awarded and arguments are yet to be heard
    by ld. Single Judge on the sentence to be awarded.

    10. Under such circumstances, the present contempt appeal was clearly
    premature in nature, as no punishment has yet been determined by the ld.
    Singh Judge.

    11. Further on the date when the matter was taken up by this Court i.e., on
    27th March, 2026, there was no appearance on behalf of the Appellants.

    Signature Not Verified
    Digitally Signed CONT.APP.(C) 8/2026 Page 11 of 12
    By:DHIRENDER KUMAR
    Signing Date:27.05.2026
    17:10:46

    12. The Court has queried the ld. Counsel for the Appellant as to what
    transpired on 22nd April, 2026 before the ld. Single Judge, to which the
    submission is that the said contempt petition has been adjourned and no
    punishment has yet been pronounced.

    13. This Court is clearly of the view that if and when the punishment is
    pronounced, the Appellant would be clearly entitled to challenge both, the
    main order and the sentence order at that stage.

    14. At this stage, the Court cannot predict as to what view the ld. Single
    Judge would be taking in the contempt petition. Hence, the appeal cannot be
    considered by this Court at this Court.

    15. Accordingly, there is no reason to modify the order dated 27th March,
    2026.

    16. The present application is disposed of in said terms.

    PRATHIBA M. SINGH
    JUDGE

    MADHU JAIN
    JUDGE
    MAY 26, 2026
    Rahul/ss

    Signature Not Verified
    Digitally Signed CONT.APP.(C) 8/2026 Page 12 of 12
    By:DHIRENDER KUMAR
    Signing Date:27.05.2026
    17:10:46



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