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2015 (5) TMI 1153 - HC - Indian LawsMaintainability of contempt proceedings - maintainability of the appeal was challenged on the ground that a special appeal will not lie against an order of the learned Single Judge in the exercise of the contempt jurisdiction and that only an appeal under Section 19 of the Contempt of Courts Act, 19716 would be maintainable - Held that: - under Section 19 (1), an appeal lies as of right from any order or decision of the High Court in the exercise of its jurisdiction to punish for contempt. Under sub-section (2) of Section 19, the appellate court is empowered to direct that the execution of the punishment or the order appealed against be suspended; that the appellant, if he is in confinement, be released on bail; and that the appeal be heard, though the appellant has not purged his contempt. No appeal would be maintainable under Section 19 (1) (a) for the simple reason that the impugned order of the learned Single Judge has not been passed in the exercise of the jurisdiction to punish for contempt. A mediated settlement, upon the passing of a judicial order in terms of the settlement, has the effect of a decree of the Court. As a decree, the terms of the settlement are enforceable and executable in accordance with the process known to law. A decree for the payment of money is capable of being executed in the manner indicated by the provisions contained in Order XXI of CPC. Rules 1 and 2 of Order XXI provide for the mode of paying money under a decree and for the payment out of Court to a decree holder. Consequently, where a settlement agreement which has been arrived at between the parties is embodied in a final order or decree of the Court, the remedy of a party which is aggrieved by the non-payment of sums due and payable under it is to enforce and execute the decree in accordance with law. The learned Single Judge erred in rejecting the preliminary objection to the maintainability of the contempt petition. The contempt petition was not maintainable - appeal allowed.
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