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MCA/79/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR CONTEMPT No. 79 of 2011
In
SPECIAL
CIVIL APPLICATION No. 25107 of 2006
=========================================================
PATEL
HASMUKHBHAI DEVSHIBHAI - Applicant(s)
Versus
AJAY
BHADU & 2 - Opponent(s)
=========================================================
Appearance :
MR
ASHOK G PATEL for
Applicant(s) : 1,
None for Opponent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 05/08/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
basis of the present petition is the alleged breach and
non-compliance to the order dated 16.06.2008 passed by this Court in
SCA No.25107/06, copy whereof is produced at Annexure-C, whereby the
direction was given to the respondent to act as per the report.
We
have heard Mr.Patel for the applicant.
The
grievance on the part of the applicant is that the aforesaid
direction for acting as per the report has not been complied with,
but the pertinent aspect is that in the very order, this Court has
observed that if the applicant has any grievance, it will be open to
the applicant to initiate appropriate proceeding before the
appropriate forum for redressal of any other or further grievance.
Under these circumstances, it will be for the applicant to resort to
appropriate proceedings even if the report is not acted upon.
Hence, we find that it would not be a case for initiating action
under the Contempt of Court Act.
Therefore,
the present application is not entertained. It is observed that in
the event any appropriate proceedings are resorted to, the rights
and contentions of both the sides shall remain open.
(JAYANT
PATEL, J.)
(SMT.
ABHILASHA KUMARI, J.)
*bjoy
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