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MCA/215920/2008 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2159 of 2008
In
SPECIAL
CIVIL APPLICATION No. 20637 of 2007
For
Approval and Signature:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA : Sd/-
HONOURABLE
MR.JUSTICE DN PATEL
: Sd/-
=======================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=======================================================
MANUBHAI
B PARMAR - Applicant(s)
Versus
S.L.
PATEL SECRETARY- REVENUE DEPTT. & 3 - Opponent(s)
=======================================================
Appearance :
MR
PINAKIN M RAVAL for Applicant(s) : 1,
None for Opponent(s) : 1 -
4.
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 04/08/2008
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE DN PATEL)
The
present application has been preferred for initiating actions under
the provisions of Content of Courts Act, 1971 for the breach of
interim order passed by this Court dated 23rd August,
2007 as well as order dated 4th March, 2008 in Special
Civil Application No.20637 of 2007.
Having
heard learned counsel appearing for the applicant, Mr.P.M. Raval and
looking to the facts and circumstances of the present case, it
appears that:-
(i) That, the present
applicant has preferred Special Civil Application No.20637 of 2007,
wherein ad-interim relief was granted with regard to the salary of
the applicant. It is directed by this Court that respondents shall
maintain status quo in respect of the salary of the present
applicant. Said ad-interim relief granted on 23rd August,
2007 was confirmed on 4th March, 2008.
(ii) It is stated by the
learned counsel for the applicant that the basic salary as on 23rd
August, 2007 and today is the same at Rs.6,000/-, but the respondents
have deducted certain sum of amount from the total salary and,
therefore, there is contempt committed by the respondents. This
contention is not accepted by this Court mainly for the reason that
there is no deduction in the basic salary of the present applicant by
the respondents and whatever was the basic salary as on date of
granting of ad-interim relief is continued even as on today. The
deduction from the salary depends upon the dues of the present
applicant, which can be set off at the time of passing final order in
the Special Civil Application No.20637 of 2007. So far as the basic
salary is concerned, it has been maintained by the respondents.
(iii) In
view of the aforesaid, suffice it to say that there is no contempt
committed by the respondents of an order passed by this Court much
less a willful disobedience.
As
a cumulative effect of the aforesaid facts and circumstances of the
present case, there is no substance in the present application.
Hence, the present application is dismissed.
Sd/- Sd/-
(R.P.DHOLAKIA, J.)
(D.N. PATEL, J.)
/patil
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