1992 (9) TMI 365

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....hairman-cum-Managing Director seek special leave to appeal to this Court from the Order dated July 3-7-1992 made by the High Court of Patna in M.J.C. No. 555 of 1992. 2. We have heard Shri Mukul Mudgal, learned Counsel for the Petitioners. The Respondents, though served, have remained unrepresented. Special leave granted. 3. The learned Single Judge of the High Court by his Order dated Janua....

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....llants urged that before by contempt proceedings could be initiated, it was necessary and appropriate for the Division Bench to examine the prayer for stay, or else, the appeal itself might become infructuous. This did not commend itself to the High Court which sought to proceed with the contempt first. We are afraid, the course adopted by the High Court does not commend itself as proper. If, with....

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....e the Court, it will be appropriate to take up for consideration the prayer for stay either earlier or at least simultaneously with the complaint for contempt. To keep the prayer for stay stand-by and to insist upon proceeding with the complaint for contempt might in many conceivable cases, as here, cause serious prejudice. This is the view taken in State of J & K v. Mohd. Yaqoob Khan. 6. In th....