Gujarat High Court Case Information System
Print
MCA/19920/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR CONTEMPT No. 199 of 2007
In
SPECIAL
CIVIL APPLICATION No. 11749 of 2006
=========================================================
MR.
SITARAM PANDIT - Applicant(s)
Versus
SONAL
MISHRA DISTRICT COLLECOR OR HER & 1 - Opponent(s)
=========================================================
Appearance
:
MR
PH PATHAK for
Applicant(s) : 1 - 3.
MR AJ DESAI, AGP for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 21/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE DN PATEL)
Present
application has been instituted to initiate action under the
Contempt of Courts Act, 1971 for the alleged breach of an order
passed by this Court dated 19th June, 2006 in Special
Civil Application No.11749 of 2006 whereby direction was given to
the respondent to recover the amount as stated in the recovery
certificate issued from the property of the defaulter which is at
Annexure-A to the memo of the present compilation. The amount to be
recovered from the defaulter is at Rs.1,86,500/- from the property
namely, M.B.Metal Industries, 825, GIDC, Chhatral, Tal. Kalol, Dist.
Gandhinagar. The certificate is dated 1st February, 2006.
It is stated by the counsel for the respondent that
affidavit-in-reply has already been filed.
Having
heard the counsel appearing for the respective parties and looking
to the facts and circumstances of the case, it appears that:
A recovery certificate
was issued by the Labour Court, Kalol (North Gujarat) on 1st
February, 2006. The amount to be recovered from the defaulter is at
Rs.1,86,500/- from M.B.Metal Industries, 825, GIDC, Chhatral, Tal.
Kalol, Dist. Gandhinagar.
It appears from the
affidavit-in-reply filed by the respondent that the said property
has already been transferred prior to the issuance of the recovery
certificate. Thus, looking to the affidavit-in-reply, there is no
other property belonging to the defaulter.
It appears from the
recovery certificate that the property from which the amount
required to be recovered from M.B.Metal Industries, 825, GIDC,
Chhatral, Tal. Kalol, Dist. Gandhinagar is not in existence at all.
3. Thus, looking to the
affidavit-in-reply filed by the respondent and the facts and
circumstances of the case, there is no wilful disobedience of an
order passed by this Court dated 19th June, 2006 in
Special Civil Application No.11749 of 2006. There is no substance in
this application and hence, the same is dismissed. Notice is
discharged.
[R.P.DHOLAKIA,J]
[D.N.PATEL,J.]
radhan/
Top