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Judgment
Prasanna B. Varale, CJ
This complaint alleges willful disobedience of the directions issued by this Court in its order dated 29.11.2022 made in Commercial Appeal No.59/2022. Learned counsel for the complainants argues that even when decreetal directions are violated, the same may amount to contempt of the Court and therefore, accused be summoned and tried for the offence punishable under Sections 10 & 12 of the Contempt of Courts Act, 1971.
Having heard the learned counsel for the complainants and having perused the petition papers, we decline indulgence in the matter inasmuch as the said directions have been incorporated in a compromise decree dated 29.11.2022 made by a Co-ordinate Bench of this Court in the subject appeal. Such decrees are amenable for execution and therefore, ordinarily contempt jurisdiction is not invokable as a matter of choice. This view gains supports from the decision of this Court in C.C.C.No.1073/2023, between SURESH KOTHARI M VS. RADHAKRISHNA N & ANOTHER, disposed off on 09.11.2023
In view of the above, this complaint of contempt is disposed off with liberty to the complainants to takeappropriate proceedings, elsewhere in accordance with law. In that connection, all contentions are kept open.