Kavita Jagatramka vs Union Of India on 4 November, 2019

[Cites 1, Cited by 1]

Gujarat High Court

Kavita Jagatramka vs Union Of India on 4 November, 2019

Bench: Bhargav D. Karia

       C/SCA/18238/2019                                IA ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     MISC. CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2019
        In R/SPECIAL CIVIL APPLICATION NO. 18238 of 2019
==========================================================

KAVITA JAGATRAMKA Versus UNION OF INDIA ========================================================== Appearance:

for the PETITIONER(s) No. MR VIVEK B GUPTA for the PETITIONER(s) No. KSHITIJ M AMIN for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA Date : 04/11/2019

1. By this application, the applicants have prayed for the following relief(s): "13(A) To initiate Contempt of Court proceedings against the respondent no.3 and to punish him in accordance with law for having committed willful disobedience and breach of order of this Hon'ble Court dated 24.10.2019 passed in Special Civil Application No.18238 of 2019.

(B) To direct the respondent no.4 to file an undertaking before this Hon'ble Court that the applicants won't be prohibited from traveling abroad in compliance of order dated 24.10.2019 passed in Special Civil Application No.18238 of 2019.

(C) To direct the respondents to compensate the applicant no.1 and 2 with Rs.428098/ being the cost of the airline ticket booked by them which they could not board as a result of the high handed action of the respondents.

(D) To direct the respondents to furnish CCTV recording of the Departure Immigration Area of SVPI Airport between 9 pm and Page 1 of 3 Downloaded on : Tue Nov 05 20:25:31 IST 2019 C/SCA/18238/2019 IA ORDER 11pm on 30.10.2019 so that the events narrated by the applicants can be established before the Hon'ble Court and other guilty officers whose identities were not disclosed to the applicants can also be punished for having committed contempt of this Hon'ble Court by deliberately committing breach of direction contained in this Hon'ble Court order dated 24.10.2019 by completely disregarding the directions contained therein.

(E) To grant such other and further reliefs as may be deemed just and proper in the Special circumstances of the case."

2. Following order was passed on 24.10.2019 in captioned petition: "Pursuant to the notice issued by this Court on 18.10.2019, learned advocate Mr.Kshitij Amin has appeared on behalf of the respondents. He has made a statement at bar that he has no information or instructions with regard to the look out circular if any, issued to the petitioner or not.

In view of the aforesaid statement, respondents are directed not to prevent the petitioner from traveling abroad, unless and until the petitioner is served with such look out circular issued by the competent authority.

Subject to the aforesaid direction, the petition is disposed of. Direct service is permitted."

3. The applicants have stated in the application that the aforesaid order was served upon the respondent nos.1 & 2 on 29.10.2019. The endorsement to that effect is made on the copy of the order produced at AnnexureB to this application.

4. However, without serving a copy of Lookout Circular upon the applicants, the applicants were Page 2 of 3 Downloaded on : Tue Nov 05 20:25:31 IST 2019 C/SCA/18238/2019 IA ORDER prevented from boarding their flight to Singapore on 30.10.2019 which is in violation to the aforesaid order passed by this Court.

5. In view of the aforesaid facts, it appears that the respondents have neglected the order passed by this Court on 24.10.2019, as the applicants have been prevented from traveling abroad without serving copy of Lookout Circular issued by the Competent Authority.

ISSUE NOTICE returnable on 18th November, 2019.

The respondent no.4 is hereby directed to file reply as to why proceedings under the provisions of Contempt of Court Act should not be initiated.

In addition to normal mode of service, direct service is permitted through speed post or electronic mail.

(BHARGAV D. KARIA, J) GIRISH Page 3 of 3 Downloaded on : Tue Nov 05 20:25:31 IST 2019

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