Ram Niwas Sharma vs Yusuf Khan & Anr on 22 January, 2010

                                                     SBCP No.04/10

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      S.B. CIVIL CONTEMPT PETITION NO.04/2010

       Ram Niwas Sharma v. Yusuf Khan & anr

Date of order:22nd January, 2010

             HON'BLE MR JUSICE AJAY RASTOGI

Mr Sandeep Shah, for the petitioners

Mr B.S. Sandhu, for the respondents

      Instant contempt petition has arisen out

of ex parte interim order dated 19th June,

2009. It has been informed to this Court that

on account of order impugned being stayed by

this     Court,      the     petitioner       is     presently

holding the respective post and his status

has    not    been   disturbed      by    the      respondent-

Bank.

      Counsel for the petitioner submits that

after passing of the ex parte order in June,

2009, the matter was referred to Cooperative

Tribunal and the order passed by the Tribunal

is in defiance of exparte order dated 19th

June, 2009, of which contempt has been filed.

        In the opinion of this Court, if any

order    has     been      passed   by    the      Cooperative

Tribunal,      it    would always        be   open for        the

petitioner      to    avail    remedy     available        under

law. But, if he has been allowed to continue
                                              SBCP No.04/10

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 under an ex parte order dated 19th June, 2009,

 there can not be said to be any disobedience

 of the order dated 19th June, 2009, of which

 contempt has been filed.

      Consequently,      the    contempt   petition     is

 without merit and dismissed.

      Both the counsel request that looking to

 nature of controversy, the writ petition may

 be   listed    for     final   disposal   along    with

 connected     matter    -   SBCWP   No.10654/2009,     on

 01st February, 2010.

      List the writ petition on 01/02/2010.



                                [AJAY RASTOGI],J.

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