Gujarat High Court
Yogeshwarnagar Cooperative ... vs District Registrar, Cooperative ... on 30 November, 2021
Bench: A.J.Desai
C/MCA/663/2021 ORDER DATED: 30/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO.663 of 2021
In
R/SPECIAL CIVIL APPLICATION NO.12175 of 2021
=========================================
YOGESHWARNAGAR COOPERATIVE HOUSING SOCIETY LIMITED
Versus
DISTRICT REGISTRAR, COOPERATIVE SOCIETIES (HOUSING)
=========================================
Appearance :
MR CHINMAY M GANDHI for the Applicants.
MS NIKITA C GANDHI for the Applicants.
MS RUMI M GANDHI for the Applicants.
MS VRUNDA SHAH, AGP for the Opponent Nos.1,2
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 30/11/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A. J. DESAI)
1. By way of the present application under the provisions
of the Contempt of Courts Act, the applicant - original petitioner
has requested to take action against the respondents for willfully
not obeying the interim order dated 31.8.2021 passed by learned
Single Judge of this Court in Special Civil Application No.12175 of
2021.
2. Mr. M. B. Gandhi, learned Senior Counsel assisted by
Ms. Nikita C. Gandhi appearing for the applicant would submit that
though by the interim order dated 31.8.2021, learned Single Judge
has directed the respondent authorities to respond the Court about
the time table for holding the election for the Cooperative Society,
the same is not published by the respondent authorities.
3. On the other hand, Ms. Vrunda Shah, learned Assistant
C/MCA/663/2021 ORDER DATED: 30/11/2021
Government Pleader appearing for the opponents would submit
that the main writ petition i.e. Special Civil Application No.12175
of 2021 itself is heard by learned Single Judge on 27.9.2021 and
judgment is reserved. She would submit that in such
circumstances, even purging the contempt would amount to
interfering with the judicial process. She, therefore, would submit
that the present application may be dismissed.
4. We have heard learned advocates appearing for the
respective parties. The order dated 31.8.2021 passed by learned
Single Judge in Special Civil Application No.12175 of 2021, of
which contempt is alleged, reads as under :-
"Heard learned senior advocate Mr. M. B. Gandhi
for the petitioners.
Notice, returnable on 13.9.2021.
While the challenge is directed in this petition is
against the order of custodian in the petitioner
Co-operative Society, on the returnable date, the
respondent authorities shall respond to the
Court about the time-table for holding the
election for the Co-operative Society. Direct
service is permitted, today."
5. There is no dispute that the present application has
been filed by the original petitioner on 11.10.2021 and the main
writ petition was finally heard by learned Single Judge on
27.9.2021. There is no dispute that after hearing the arguments,
judgment is reserved by learned Single Judge and judgment is
C/MCA/663/2021 ORDER DATED: 30/11/2021
awaited. In such circumstances, when the issue involved in the
main writ petition is at large and is under consideration of learned
Single Judge and judgment is awaited, we are of the opinion that it
cannot be said that there is willful disobedience on the part of the
respondents in not complying with the interim order passed by
learned Single Judge. Therefore, we are of the opinion that it
cannot be said that there is no willful disobedience on the part of
the respondent authorities. Hence, the present application stands
dismissed at this stage. Notice is discharged.
(A. J. DESAI, J)
(SAMIR J. DAVE,J)
SAVARIYA
