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Contempt of CourtSupreme Court of India

M/S Khurana Brothers vs. Anand Bardhan, Principal Secretary & Anr.

Not available · 2025 INSC 1240Decided 14 Oct 2025
Not available
Justice Manoj Misra · Justice Ujjal Bhuyan

Background

The petitioner had earlier challenged, before the Supreme Court, certain adverse observations made by a Division Bench of the Uttarakhand High Court while dismissing its intra-court appeal (itself filed against a Single Judge's order). Rather than arguing that appeal on merits, the petitioner's counsel sought and obtained the Supreme Court's permission (order dated 4 January 2023) to withdraw the intra-court appeal, so as to restore the position under the Single Judge's original order. The petitioner subsequently filed this contempt petition before the Supreme Court alleging wilful disobedience of that 4 January 2023 order.

Decision Breakdown

The Supreme Court explained that once it permitted withdrawal of the intra-court appeal, the Division Bench's order (and all orders passed in that appeal) stood undone by legal fiction, relegating the parties to the position they were in when the intra-court appeal was filed, meaning the Single Judge's original order was restored and effectively operated from the date of the Supreme Court's order as though never challenged. Since the order allegedly violated was, in substance, the Single Judge's order (not directly an order of the Supreme Court), the Court held that any contempt for its violation would lie before the High Court, not the Supreme Court. It therefore disposed of the contempt petition, granting the petitioner liberty to initiate contempt proceedings before the High Court if the Single Judge's order was indeed being violated, while expressing no opinion on the merits of that allegation.

Lesson Learnt

When the Supreme Court merely permits withdrawal of a lower court proceeding (restoring an earlier order rather than passing a fresh substantive direction of its own), any subsequent violation of that restored order must ordinarily be pursued as contempt before the court that originally passed it, not before the Supreme Court.

M/S Khurana Brothers vs. Anand Bardhan, Principal Secretary & Anr. – Legal Case Shots | LegalAware