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MCA/2384/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2384 of 2010
In
SPECIAL
CIVIL APPLICATION No. 8145 of 2010
=========================================
SUO
MOTU PROCEEDINGS - Applicant(s)
Versus
NATVARLAL
MAFATLAL PATEL - Opponent(s)
=========================================
Appearance :
SUO
MOTU for
Applicant(s) : 1,
NOTICE SERVED for Opponent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 27/09/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.A.MEHTA)
On
13th August, 2010, while finally disposing of Special
Civil Application No.8145 of 2010, this Court issued certain
directions to the Registry of the High Court. The relevant part of
such directions as appearing in paragraph No.15 of the order dated
13th August, 2010, read as under:
“Accordingly,
the Registry is directed to issue notice to Shri Natvarlal Mafatlal
Patel, Deputy Commissioner of Commercial Tax (Enforcement),
Division-6, Bhavnagar to show cause on or before 13th
September, 2010 as to why he should not be punished for having
committed contempt of Court and to place the matter before the
Bench taking up contempt matters for further proceedings.
When
one reads the last part of the direction which has been underlined
in the aforesaid extract to supply emphasis, the Court is
constrained to note that Registry of the High Court has exceeded its
powers in placing the matter before the Hon’ble the Chief Justice on
administrative side disregarding the specific direction made on
judicial side. Hence, despite the fact that on administrative side,
the Hon’ble the Chief Justice has specially assigned the matter to
this Bench, the Registry is once again directed to comply with the
direction made by this Court in order dated 13th August,
2010 and place the matter before the Bench taking up contempt
matters for further proceedings.
It
must be borne in mind that the essence of such a direction is to
ensure that the alleged defaulter/contemner is not left with a
feeling that a Bench which was prima facie of an opinion, has not
given a fair and just treatment in dealing with a subject matter,
which arose out of the proceedings relatable to the regular roster.
The
Registry is, therefore, directed to ensure that the matter is placed
before the Regular Bench taking up contempt matters in accordance
with roster.
[D.A.MEHTA,
J.]
[HARSHA
DEVANI, J.]
parmar*
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