Special Leave Petition Civil No 9395 of 1984
From the Judgment and order dated the 10th August 1984 of the Bombay High Court in Appeal No 721 of 1984
R N Keshwani for the Petitioners
599 R Karenjawala for the Respondent
The Judgment of the Court was delivered by CHINNAPPA REDDY J
On an allegation that the petitioners had acted in breach of an undertaking given by them in Suit No 2308 of 1983 in the High Court of Bombay a notice was issued to them to show cause why they should not be committed for contempt of court
Cause was sought to be shown
A learned Single Judge of the High Court recorded the following finding In my judgment the action of defendants Nos 4 and 6 clearly shows utter contempt for the orders of the court and under taking given by them
I have no hesitation in holding that these defendants have committed gross contempt of Court in my judgment there is no circumstance whatsoever to take any lenient view of the gross contempt committed by defendants 4 and 6 and both of them are liable to be punished under the provisions of 
 On those findings the learned Single Judge committed each of the two petitioners to the civil jail for the period of one month
Against the order of the learned Single Judge the petitioners preferred an appeal to the Division Bench of the High Court under s 191 of the 
The appeal was dismissed by the Division Bench and the present Special Leave Petition has been filed against the judgment of the Division Bench
Shri Ramesh N Keswani
learned counsel for the petitioners submits that though the Petition for Special Leave to Appeal has been filed under Article 136 of the Constitution the petitioners have in law an appeal as of right under section 191 of the 
The submission has only to be stated to be rejected as totally lacking in substance
Section 191 of the is as follows An appeal shall lie as of right from any order or decision of High Court in 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 600 Supreme Court Provided that where the order or decision is that of the Court of the Judicial Commissioner in any Union Territory such appeal shall lie to the Supreme Court
 If the order of committal for contempt or Court is made by a Single Judge of the High Court there is one statutory right of appeal to a Division Bench of not less than two Judges of the Court If the order of committal for contempt of court is made by a Bench an appeal lies as of right to the Supreme Court
Where an appeal is filed against the order of the learned Single Judge to a Division Bench the statutory right or appeal gets exhausted and there is no further right of appeal to the Supreme Court Shri Keshwani cited to us Purushottam Das Goel vs Hon
Justice BS Dhillon1 The decision is entirely irrelevant
On merits the learned counsel submitted that the undertaking given was not in respect of the property concerned and that in any case the learned Single Judge was not justified in giving certain directions in addition to punishing the petitioners for contempt of court
We find no substance in the submissions made by the learned counsel
There was a clear breach of the undertaking given by the petitioners and we are of the opinion that the Single Judge was quite right in giving appropriate directions to close the breach
The Special Leave Petition is therefore dismissed NVK Petition dismissed


Summary:
The two petitioners in the Special Leave Petition were committed to the civil jail for a period of one month by Single Judge of the High Court under the  as they had acted in breach of an undertaking given by them in a suit pending in the High Court
The appeal preferred by the petitioners under Section 191 of the Act to a Division Bench was dismissed
In the Special Leave Petition it was contended on behalf of the petitioners that  though the petition had been filed under Article 136 the petitioners have in law an appeal as of right under Section 191 and 2 the Single Judge was not justified in giving directions in addition to punishing the petitioners for contempt of court
Dismissing the Special Leave Petition  HELD1
If the order of committal for contempt of court is made by a Single Judge of the High Court there is one statutory right of appeal to a Division Bench of not less than two Judges
If the order of committal of contempt of court is made by a Bench an appeal lies as of right to the Supreme Court
Where an appeal is filed against the order of the Single Judge to a Division Bench the statutory right of appeal gets exhausted and there is no further right of appeal to the Supreme Court600BC 2
As there was a clear breach of the undertaking given by the petitioners the Single Judge was quite right in giving appropriate directions to close the breach
600E