Mukeshkumar Prahaladbhai Patel vs Suthar Anandbhai Rameshbhai ...
2021 Latest Caselaw 130 Guj

          C/MCA/647/2020                                                 ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/MISC. CIVIL APPLICATION NO. 647 of 2020
         In R/SPECIAL CIVIL APPLICATION NO. 5727 of 2018
===========================================================
               MUKESHKUMAR PRAHALADBHAI PATEL
                              Versus
    SUTHAR ANANDBHAI RAMESHBHAI TALATI CUM MANTRI AND
                      BIRTH/DEATH OFFICER
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Appearance:
MR JAIMIN A GANDHI(8065) for the Applicant(s) No. 1
NOTICE SERVED(4) for the Opponent(s) No. 1
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 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
        NATH
        and
        HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
                    Date : 06/01/2021
                     ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

We have heard Mr. Jaimin Gandhi, learned advocate for the applicant and Mr. Yogendra Thakore, learned advocate appearing for the opposite party respondent No.1.

2. Affidavit­in­reply filed on behalf of opposite party respondent No.1 is taken on record. According to the contents of the said affidavit, compliance has been effected and the birth certificate has since been issued, a photocopy thereof is also annexed to the affidavit.

3. On the other hand, Mr. Gandhi, learned advocate for the applicant has made a submission pressing for proceeding further in the contempt matter for framing of charges holding the opposite party guilty and for awarding exemplary cost and also

C/MCA/647/2020 ORDER

sentence to the opposite party. Mr. Thakore, learned advocate has sought to explain that in fact, there is no deliberate or intentional disobedience.

4. Whatever may be the case. We grant two weeks' time to file further affidavit explaining as to under what circumstances he has passed an order overreaching the judgment of this Court and also to explain any delay that may have been caused in issuing the birth certificate.

5. Let this matter be listed again on 29.01.2021. By the said date, the affidavit as required may be filed.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J)

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