Sanabhai Bhundabhai Garasia vs Mamata Varma, The Secretary
2022 Latest Caselaw 1519 Guj

      C/MCA/29/2022                                        ORDER DATED: 09/02/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/MISC. CIVIL APPLICATION NO. 29 of 2022

           In R/SPECIAL CIVIL APPLICATION NO. 14684 of 2016

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                      SANABHAI BHUNDABHAI GARASIA
                                 Versus
                      MAMATA VARMA, THE SECRETARY
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Appearance:
MR DIPAK R DAVE(1232) for the Applicant(s) No. 1
for the Opponent(s) No. 1,3
MR DM DEVNANI, GOVERNMENT PLEADER for the Opponent(s) No. 2
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                               Date : 09/02/2022

                        ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. The order, which is alleged to have been

violated is dated 23.12.2019, under which the

respondents were directed to examine the case of

the petitioners in the light of Government

Resolution dated 17.10.1988 and the judgment of

the Apex Court, referred to in Paragraph-9 of the

said circular.

2. A direction was already issued to the

C/MCA/29/2022 ORDER DATED: 09/02/2022

authorities to pass orders within the period of

two months, after hearing the petitioners.

3. The order dated 04.02.2020 is annexed with

the affidavit of Respondent No.2, contending that

the directions issued since have been complied

with and amount has already been paid, which is

not disputed by the learned Counsel, Mr. Dipak

Dave, appearing for the complainants. However,

this Court notices that there has been inordinate

delay even after purging in the contempt for

which no explanation, whatsoever is forth coming

from the affidavit filed by Respondent No.1.

4. On account of respondents-contemnor having

already purged in the contempt and there being

delay in passing the order dated 04.02.2020,

namely 25 months, we deem it appropriate that

complaint should be proceeded with to frame the

charges.

5. However, at this juncture, learned Counsel,

C/MCA/29/2022 ORDER DATED: 09/02/2022

Mr. Chintan Dave, appearing for the contemnor

would submit that reasonable costs of Rs.10,000/-

would be paid to each of the complainants for the

delay that has occurred. Placing his submission

and undertaking on record, contempt proceedings

are dropped.

6. Liberty is granted to the complainants to

challenge the order dated 04.02.2022, if, so

advised.

7. The costs of Rs.10,000/- payable to each of

the complainant shall be paid within outer limit

of three weeks from today.

8. The contempt proceedings stand closed,

accordingly.

(ARAVIND KUMAR,CJ)

(NIRAL R. MEHTA,J) UMESH/-