Contempt of supreme court questionable

PLD (Querist) 11 February 2013 This query is : Resolved
We had secured a favourable order from a District Court u/s 9 while Arbitration was proceeding. It was overturned by the High Court and therafter we went to Supreme Court in appeal where a lengthy judgment discussing the merits of the case was pronounced, restoring the order of the District Court.

Subsequently we filed Civil Contempt Petition in the SC against the opposite parties. A very learned & senior advocate appearing on their behalf has contended that "There cannot be a contempt of the Supreme Court in this case since it has MERELY RESTORED the Dist. Court's order and not passed any separate or new directions." He claims that our only solace lies at the District forum not at SC. Our lawyers contend that the Dist. Order has MERGED in the SC's order after merit discussions and hence contempt is of SC.

Would the experts kindly share their views on this matter? Thank you.

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prabhakar singh (Expert) 11 February 2013
An interesting question in which I would like to side your lawyer provided no execution of any decree is involved.

R.K Nanda (Expert) 11 February 2013
no more to add.

Devajyoti Barman (Expert) 12 February 2013
Do not worry. Contempt application is very much maintainable.
The setting aside of high court order means it passes new order which needs to be complied with in any circumstances.