Dasrathsinh Ghanshyamsinh vs Rajivkumar Gupta
2022 Latest Caselaw 740 Guj

     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

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