C/MCA/700/2019 ORDER DATED: 21/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 700 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 16176 of 2017
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DASRATHSINH GHANSHYAMSINH
Versus
RAJIVKUMAR GUPTA
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Appearance:
MR PH PATHAK(665) for the Applicant(s) No. 1
MR. D.M. DEVNANI, AGP(1) for the Opponent(s) No. 1,2
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 21/01/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. This contempt proceedings have been initiated for the violation of the order dated 23.03.2018 passed in Special Civil Application No. 16176 of 2017, whereunder the learned Single Judge had issued following directions :
"5. Without expressing any opinion on merits, the respondent authorities are directed to consider the application as well as the requisition made in the notice dated 23.03.2017 keeping in mind the judgment and award rendered by the Presiding Officer, Labour Court, Surendranagar and take appropriate decision for the benefits of the Resolution dated 17.10.1988 in accordance with law as expeditiously as possible preferably within a period of four months from the date of receipt of this order."
2. Pursuant to same, affidavits after affidavits and rejoinders after rejoinders have been filed which would not be necessary for consideration. The only point which Page 1 of 2 Downloaded on : Fri Jan 21 20:54:47 IST 2022 C/MCA/700/2019 ORDER DATED: 21/01/2022 would arise for consideration is whether the direction issued in the aforesaid Special Civil Application on 23.03.2018 has been complied or not. The affidavit dated 20.01.2022 filed by the Deputy Conservator of Forest (Respondent No. 2), it is deposed that in compliance of direction issued by the Court, an order came to be passed on 26.02.2021 (Annexure R-1) and the manner in which the computation has been made is annexed as Annexure R-2. The copy of receipt for having made the payment of Rs. 6,87,298/- which is duly acknowledged by the complainant is at Annexure R-3. This would indicate that the contemnors have purged in the contempt. However, the fact remains that there has been inordinate delay in complying with the direction issued. The learned AGP after consulting the deponent of affidavit dated 20.01.2022 would fairly submit that on account of administrative delays, the order has been passed belatedly.
3. Thus, as the complainant having purged in the contempt, continuation of the present proceedings does not arise. Reserving liberty to the complainant to challenge the order dated 26.02.2021, if so advised, the present contempt proceedings stands closed.
(ARAVIND KUMAR,CJ) (ASHUTOSH J. SHASTRI, J) AMAR SINGH Page 2 of 2 Downloaded on : Fri Jan 21 20:54:47 IST 2022