Gujarat High Court
Kalpana Co.Op.Hsg.Soc.Ltd vs Dr.Yogesh Savailal Patel & ... on 21 April, 2014
Bench: M.R. Shah, R.P.Dholaria
C/MCA/343/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL APPLICATION (FOR CONTEMPT) NO. 343 of 2014
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KALPANA CO.OP.HSG.SOC.LTD....Applicant(s)
Versus
DR.YOGESH SAVAILAL PATEL & 3....Opponent(s)
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Appearance:
MR RAVINDRA SHAH, ADVOCATE for the Applicant(s) No. 1
MR DHARMENDRA PARIKH, ADVOCATE for the Opponent(s) No. 1
MR ADITYA MEHTA, ADVOCATE for the Opponent(s) Nos. 2 4
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 21/04/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) [1.0] Present miscellaneous civil application has been preferred by the applicant herein to initiate appropriate proceedings against the respondent No.1 under the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India for willfully disobeying the judgment and award dated 30.08.2011 rendered by the Joint Registrar and Board of Nominees, Vadodara in Lavad Suit No.1158/2002 (New No.186/2011) as confirmed by judgment dated 09.05.2013 in Appeal No.152/2011 rendered by the Gujarat State Cooperative Tribunal, Ahmedabad. It is also prayed that to initiate appropriate proceedings against respondent Nos.2 to 4 also under the Contempt of Courts Act, 1971.
[2.0] At the outset it is required to be noted that as per the judgment and order passed by the learned Board of Nominees confirmed by the Gujarat State Cooperative Tribunal, the concerned respondents herein are injuncted from using the property situated on the land in question for the purpose other than the residential purpose. Meaning thereby as such they are injuncted from using the property in question for Page 1 of 5 C/MCA/343/2014 ORDER commercial purpose. Even an oral undertaking was given by respondent No.1 before the learned single Judge of this Court in Special Civil Application No.9364/2013, which is arising out of the judgment and order passed by the learned Gujarat State Cooperative Tribunal confirming the judgment and award declared by the learned Board of Nominees that the respondent No.1 shall not use the premises in question for commercial purpose.
[2.1] It appears that despite the above, the concerned respondents continued to use the property in question for commercial purpose like clinics, insurance company's office etc. Therefore, the applicant has preferred the present application for the aforesaid reliefs.
[2.3] Pursuant to the earlier order passed by this Court, Commissioner, Vadodara Municipal Corporation was directed to seal the entire premises on the land in question as the same was being used in breach of the oral undertaking as well as permanent injunction granted by the learned Board of Nominees confirmed by the learned Gujarat State Cooperative Tribunal and it is reported that pursuant to the same the entire premises on the land in question has been sealed by the Vadodara Municipal Corporation. Shri Pandya, learned advocate appearing on behalf of the Vadodara Municipal Corporation has stated at the Bar that even for non payment of arrears of municipal tax, the Corporation has also attached some part of the property and have sealed the same.
[3.0] Today, when the present application is taken up for further hearing, Shri S.P. Majmudar, learned advocate appearing on behalf of newly added parties [joined as per the order passed today in Civil Application No.4134/2014] that the applicants of the said civil application shall not use the premises in question which were/are in their possession for any commercial purpose and they propose to use the Page 2 of 5 C/MCA/343/2014 ORDER premises on the land in question which were/are in their possession only for residential purpose unless and until any contrary order is passed by any Court. Therefore, it is requested to lift/remove the seal by reserving the liberty in their favour to approach the Vadodara Municipal Corporation to lift the attachment/seal, if any, on their premises for non payment of the municipal tax.
[3.1] Shri Dharmendra Parikh, learned advocate appearing on behalf of respondent No.1 has stated at the Bar that even respondent No.1 has also filed the affidavit/undertaking today i.e. on 21.04.2014 and has stated at the Bar under the instructions from his client, who is personally present in the Court, that even respondent No.1 is not going to use premises in question which were/are in their possession even for commercial or residential purpose without consent of the applicant society or till the final outcome of the Special Civil Application No.9364/2013.
[3.2] Shri Aditya Mehta, learned advocate appearing on behalf of respondent Nos.2 to 4 has stated at the Bar that respondent Nos.2 to 4 have already now vacated the premises occupied by them in the premises in question and have stopped using the same for any commercial purpose.
[3.3] Learned advocate appearing on behalf of respective parties have therefore, requested to dispose of the present proceedings by accepting the unconditional apology tendered by their respective clients.
[4.0] Having heard learned advocate appearing on behalf of respective parties and considering the facts narrated herein above and even the undertakings/further affidavits filed on behalf of the respondent No.1 as well as the newly added parties [applicants of Civil Application Page 3 of 5 C/MCA/343/2014 ORDER No.4134/2014], the concerned respondents are directed to act as stated hereinabove and are restrained from using the premises in question for commercial purpose in any manner whatsoever and the seal put on premises in question is hereby ordered to be lifted on condition that the concerned respondents shall use the premises in question only for residential purpose as undertaken in the further affidavits filed today and shall not use the premises in question till any further and/or contrary order is passed by the competent court inclusive of this Court in Special Civil Application No.9364/2013. The Commissioner, Vadodara Municipal Corporation is hereby directed to see that till any contrary order is passed by the competent Court and/or this Court in Special Civil Application No.9364/2013 and/or in any other proceedings, the premises in question is used only for the residential purpose only and is not used for commercial purpose in any manner whatsoever. It will be open for the concerned respondents/occupants to approach the Municipal Corporation to lift the attachment and/or seal reported to be put by the Vadodara Municipal Corporation for nonpayment of municipal tax and as and when such applicant/s are made, the same be considered in accordance with law and on merits. It goes without saying that the aforesaid order of lifting the seal is based on the aforesaid undertaking and without prejudice to the rights of the Corporation to recover the municipal taxes, if due and payable with respect to the premises in question / part of the premises in question.
[5.0] Considering the respective affidavit in replies and the request made by learned advocate appearing on behalf of the respective respondents, we dispose of the present proceedings by accepting the unconditional apology tendered by the concerned respondents. However, the respondent No.1 and the newly added parties are saddled with the cost of Rs.5000/ to be paid to the Vadodara Municipal Corporation i.e. Rs.2500/ to be paid / deposited by the respondent No.1 Page 4 of 5 C/MCA/343/2014 ORDER and Rs.2500/ to be paid/deposited by the newly added respondents with the Vadodara Municipal Corporation within a period of 10 days from today. The respondents are also directed to pay the cost of the present litigation/proceedings to the applicant society which is quantified at Rs.7500/, out of which Rs.2500/ to be paid by the respondent No.1, Rs.2500/ to be paid by respondent Nos.2 to 4 and the balance Rs.2500/ to be paid by the newly added respondents to be paid to the society within a period of two weeks from today.
With this, present application is disposed of.
Sd/ (M.R. SHAH, J.) Sd/ (R.P. DHOLARIA, J.) Ajay Page 5 of 5