Supreme Court - Daily Orders
Saroj Shivhare vs M/S Gaurav Enterprises . on 23 February, 2015
Bench: Ranjan Gogoi, Arun Mishra
ITEM NO.42 COURT NO.9 SECTION IVA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO(S). 2613/2012
(ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 28.11.2011
IN WA NO.589/2011 PASSED BY THE HIGH COURT OF MADHYA PRADESH AT
GWALIOR BENCH)
SAROJ SHIVHARE & ORS. PETITIONER(S)
VERSUS
M/S GAURAV ENTERPRISES & ORS. RESPONDENT(S)
(WITH INTERIM RELIEF AND OFFICE REPORT)
WITH
SLP(C) NO. 21063-21064/2012
(WITH INTERIM RELIEF)
Date : 23/02/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE ARUN MISHRA
For Petitioner(s)
SLP(C) 2613/12 Mr. Abhik Kumar, Adv.
Ms. Kamakshi S. Mehlwal, Adv.
SLP(C) 21063-64/12 Mr. Mukul Rohatgi, AG
Ms. Arti Singh, Adv.
Ms. Daisy Hannah, Adv.
For Respondent(s) Mr. Chetan Shandilya, Adv.
Mr. Rameshwar Prasad Goyal, Adv.
Mr. Sanjay Kapur, Adv.
Ms. Priyanka Das, Adv.
Signature Not Verified
Digitally signed by
Vinod Lakhina
Date: 2015.02.24
16:51:29 IST
Reason:
Page No.1 of 3
UPON hearing the counsel the Court made the following
O R D E R
SLP(C) NO.2613/2012
List the matter for final disposal on a Tuesday in the month of July, 2015 SLP(C)NOS.21063-21064/2012 We have heard Mr. Mukul Rohatgi, learned Attorney General appearing for the petitioner. We have also heard the learned counsels for the other contesting parties.
The main Special Leave Petition i.e. Special Leave Petition (Civil) No.2613 of 2012 against the impugned order dated 28th November, 2011 in Writ Appeal No.589 of 2011 passed by the High Court of Madhya Pradesh at Gwalior Bench has been fixed for final disposal in the month of July, 2015.
Having regard to the issue that arises in these Special Leave Petitions which is of limited nature, we deem it appropriate to consider the facts of these cases and pass final order on the limited prayer made in these Special Leave Petitions.
Page No.2 of 3 It is our considered view that the acts attributed to the petitioner, even if assumed to be correct, does not amount to a false statement/pleading so as to attract the contempt jurisdiction of the High court. Accordingly, we hold that no prima facie case for commission of contempt is made out. Accordingly, we interfere with the part of the order of the High court dated 28th November, 2011 in Writ Appeal No.581 of 2011 initiating contempt proceedings against the petitioner.
The Special Leave Petitions are disposed of in the above terms.
[VINOD LAKHINA] [ASHA SONI]
COURT MASTER COURT MASTER
Page No.3 of 3