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MCA/1880/2009 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1880 of 2009
In
MISC.CIVIL
APPLICATION No. 1538 of 2008
In
SPECIAL CIVIL APPLICATION No. 2379 of 2008
=====================================================
RAMESHBHAI
P RAVAL - Applicant(s)
Versus
J
J SHAH &/OR HIS SUCCESSOR IN OFFICE, DEPUTY REGISTRAR & 5 -
Opponent(s)
=====================================================
Appearance :
MR
KG PANDIT for Applicant(s) : 1,
MR MOXA THAKKAR, AGP for
Opponent(s) : 1 - 3.
NOTICE SERVED for Opponent(s) : 1 - 2,
4,
None for Opponent(s) : 4 -
6.
=====================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 15/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
This
Court had passed the order on 07.04.2011, relevant portion at paras
13, 14 and 15 read as under:
“13. We
would have further considered the matter for taking decision on the
aspects as to whether finally it can be said that Mr.Baldevbhai Patel
is guilty of committing contempt or not. However, he states that as
per Section 14(2), of the Contempt of Court Act, the matter may be
placed before the Hon’ble the Chief Justice for issuing appropriate
direction as to whether the matter should be heard by this Bench or
should be heard by any other Bench of this Court.
14.As
per the present sittings the Contempt matters are assigned to this
Court but still however in view of the above submissions made by the
contempnor, office to place the matter before the Hon’ble
the Chief Justice for
appropriate orders for further hearing of the matter and the matter
shall be placed for hearing
preferably on 15th
April, 2011.
15.As
per section 14(1) of the Act the order could have been passed for
detaining the contempnor in the custody, however, it has been stated
by the alleged contempnor, Mr.Baldevbhai Patel that he shall not
enter the limits of Vastrapur Police Station where the petitioner’s
family is residing. However, Mr.Pandit, learned Counsel voiced the
appreciation that in spite of the same, the petitioner would receive
the threat since he had received threat earlier from the contempnor.
Under these circumstances, it is further observed that in case if any
threat is received by the petitioner, it shall be reported to the
Police Inspector, Ghatlodia Police Station. However, in view of the
declaration made by the contempnor that he shall not enter the limits
of Vastrapur Police Station, we find that until the matter is next
listed, the order for his detention in the custody can await, but as
the bond is taken of Rs.50,000/- submitted to the Police Inspector,
Ghatlodia Police Station, the Police Inspector, Ghatlodia Police
Station shall keep a watch over the movement of Baldevbhai M. Patel
and shall ensure that Mr.Baldevbhai Patel remains personally present
before this Court on 15.4.2011 on the date when the matter is fixed.
Put up on 15.4.2011.”
Thereafter
the matter was placed before the Hon’ble Chief Justice on
administrative side and pursuant to the order passed by the Hon’ble
Chief Justice on administrative side, the matter is placed before
this Court.
It
was directed to the Police Inspector Ghatlodia Police Station to
ensure that contempnor Baldevbhai Patel remains personally present
on 15.04.2011. Today, the report has been submitted by Police
Inspector stating that the said contempnor Baldevbhai Manchandbhai
Patel is admitted on 14.04.2011 with Sitaba Hospital, 1st
Floor, Mahavir Tower, Bhuyangdev, Ghatlodia Cross Road, Ghatlodia,
Ahmedabad. It further appears that Dr. Prakash B. Patel on the
letter head of Sitaba Hospital has certified that Baldevbhai M.
Patel is suffering from Hypertension with Angina with Diabetes with
Harnia. The pertinent aspect is that in the last affidavit filed by
Shri Baldevbhai Patel on 05.04.2011, he has stated his occupation as
hospital.
Mr.Pandit,
learned counsel appearing for the applicant has drawn our attention
to the affidavit dated 13.08.2010 filed by said Baldevbhai Patel,
alleged contempnor, wherein at para 1, he has stated as under:
“1……My
son named Dr.Prakash B. Patel became a doctor in 1998. He holds the
degree of MD and is a General Physician. In the year 1999, I helped
my son to establish and start a hospital at Ahmedabad in Ghatlodia
area in the name and style of “Sitaba Hospital”….”
The
aforesaid shows that the certificate is by his son who may not be
impartial in diagnosing, more particularly when this Court had made
observations about the alleged prima facie contempt by the
contempnor in the presence of the Court itself in the present
proceeding on 07.04.2011.
Under
the circumstances, in order to examine the genuineness of sickness
and the health position of Baldevbhai Patel, who is on Bail Bond of
Rs.50,000/-, Police Inspector, Ghatlodia Police Station is directed
to get him examined through Superintendent of Civil Hospital,
Ahmedabad, wherein for the purpose of investigation, if advised by
the Doctor, he shall be kept in the Civil Hospital and the report
shall be submitted about his sickness and also on the aspect as to
whether the treatment can be provided to him at Civil Hospital or
not and on the aspect as to whether he can be produced or can remain
present before this Court or not, if so directed by the Court. We
may observe that since the Doctor and the Hospital who have
certified the sickness are interested persons, in order to find out
the genuineness of the same, the aforesaid order has been passed.
The
aforesaid process shall be completed on or before 18.04.2011 and the
matter shall be listed on 20.04.2011. The Police Inspector,
Ghatlodia Police Station shall take immediate steps.
(JAYANT
PATEL, J.)
(H.B.
ANTANI, J.)
*bjoy
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