Rameshbhai Chunilal Bhangi vs Nipuna M Torawane
2023 Latest Caselaw 2052 Guj

     C/MCA/293/2023                             ORDER DATED: 03/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 293 of 2023
           In R/SPECIAL CIVIL APPLICATION NO. 12061 of 2020
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                      RAMESHBHAI CHUNILAL BHANGI
                                Versus
                         NIPUNA M TORAWANE
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Appearance:
MR NINAD P SHAH(10911) for the Applicant(s) No. 1
for the Opponent(s) No. 1,2,3,4
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                          Date : 03/03/2023

                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr.Ninad Shah for the applicant.

2. It is the following operative directions contained in judgment and order of learned Single Judge dated 19 th July, 2022 in Special Civil Application, that are sought to be complied with invoking the jurisdiction of Contempt of Courts Act, 1971.

"For all the aforesaid reasons as discussed hereinabove considering the categories namely 8 in number, the petitioners are held to be entitled to the benefit of Circular dated 16.7.2019 and therefore, all these petitions are allowed and the rejections, if any, on these grounds as mentioned hereinabove are quashed and set aside."

3. A plain reading of the aforesaid directions go to show that no time limit is provided for by learned Single Judge

C/MCA/293/2023 ORDER DATED: 03/03/2023

for the purpose of their compliance. In the circumstances, the Court is not inclined to hold at this stage that there is any willful or intentional non-compliance of the directions or any contempt of Court is committed.

4. At the same time, the Court would not permit the directions of learned Single Judge to go uncomplied with unless reversed or modified by higher forum.

5. Therefore, it is provided that the respondent through their competent authority shall comply with the aforesaid directions within eight weeks from today.

6. Non-compliance of the above direction regarding time limit will expose the respondents to the contempt proceedings.

7. With this observation, the proceedings are disposed of.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) ANUP