Gujarat High Court
V C Dave vs Shri Munir Vora, Chief Administrative ... on 28 September, 2020
Author: N.V.Anjaria
Bench: Sonia Gokani, N.V.Anjaria
C/MCA/529/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 529 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 5475 of 2005
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V C DAVE
Versus
SHRI MUNIR VORA, CHIEF ADMINISTRATIVE OFFICER, GUJARAT
WATER SUPPLY AND SEWERAGE BOARD
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Appearance:
DEVANGI B SOLANKI(8888) for the Applicant(s) No. 1
for the Opponent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
And
HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 28/09/2020
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Ms.Devangi Solanki for the applicant.
2. The applicant herein has invoked the jurisdiction of this Court under the Contempt of Court's Act, 1971 in respect of non-compliance of the directions in its judgment dated 6.9.2019 passed by learned Single Judge more particular in para-11 of the judgment in Special Civil Application No.5475 of 2005.
3. When the matter came up for consideration today, learned advocate for the applicant fairly stated that against the aforementioned judgment and order dated 6.9.2019, the respondent-Water Supply Board has already preferred Letters Patent Appeal (Stamp) No.43489 of 2019 together with the condonation of delay application being Civil Application No.1614 of Page 1 of 2 Downloaded on : Tue Sep 29 21:41:00 IST 2020 C/MCA/529/2020 ORDER 2020. She stated that Letters Patent Appeal along with the Civil Application is to come up on board for hearing on 5.10.2020.
4. Since the judgment and order brought under contempt is already a subject matter of challenge in the Letters Patent Bench as above, we are not inclined to exercise our jurisdiction under the Contempt of Court's Act, 1971. We, however, observe that it will be open for the applicant to approach the contempt court again in the event the Letters Patent Appeal is not entertained and in that event the judgment dated 6.9.2019 is not complied with within 8 weeks.
5. For the present, the present Misc. Civil application is not liable to be entertained. Accordingly it stands disposed of.
(SONIA GOKANI, J) (N.V.ANJARIA, J) MISHRA AMIT V./cmjoshi Page 2 of 2 Downloaded on : Tue Sep 29 21:41:00 IST 2020