The High Court of Gujarat closed contempt proceedings as the opponent had substantially complied with a previous direction by registering an FIR and initiating recovery of loss under the Gujarat Panchayat Act, 1993.
Contempt proceedings stood closed due to substantial compliance with the direction issued in S.C.A. No. 12529 of 2021.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/MCA/770/2022 ORDER DATED: 10/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 770 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 12529 of 2021
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LAKHUBHA BHAVANSINH SOLANKI
Versus
ANILBHAI TULASHIBHAI DHAMELIYA
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Appearance :
MR JAIMIN A MEHTA(10552) for the Applicant(s) No. 1 MR HS MUNSHAW(495) for the Opponent(s) No. 1
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CORAM : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR
and HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 10/10/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
DDO is present. Further affidavit filed would disclose that the direction issued in Special Civil Application No.12529 of 2021 on 24.11.2021 has been complied by not only registering
the FIR before the jurisdictional police in FIR No.11192017220334/2022 but also the jurisdictional Collector has been intimated by communication dated 01.10.2022 to recover the amount under Section 267 of the Gujarat Panchayat Act, 1993 for the loss, waste or misappropriation that has
Page 1 of 2
C/MCA/770/2022 ORDER DATED: 10/10/2022
occasioned, apart from intimating the Mamlatdar, Detroj for taking steps to recover the loss. Same is placed on record. In that view of the matter, the contempt proceedings stands closed as there has been substantial compliance.
(ARAVIND KUMAR, C.J.)
(ASHUTOSH J. SHASTRI, J.)
DHARMENDRA KUMAR
Page 2 of 2
2 issues framed by the court
Whether contempt proceedings requiring compliance with a direction to register an FIR and recover loss should be closed upon substantial compliance.
Whether notification to the Collector and Mamlatdar suffices as substantial compliance to quash contempt proceedings.
1 provisions across 1 enactments
Lakhubha Bhavansinh Solanki
Aravind Kumar
Ashutosh J. Shastri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
