(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) Learned advocate Mr. Asim Pandya who is appearing in criminal Misc. Application No. 11750 of 2008 to assist the court as amicus curiae drew attention of the Court to the order dated 21/08/2012 passed by this Court [ Coram : the then Hon'ble Mr. Justice P.B.Majmudar and Hon'ble Mr. Justice Mohinder Pal). Relevant part of this order reads as under :
"4. When the matter is taken up for hearing, the contemptor is not present. Since, these matters pertain to the contempt proceedings, the presence of the alleged contemptor is necessary. It is unfortunate that in spite of the order of this Court dated 20 th July, 2012, the alleged contemptor has not remained present before this Court, today.
5. Under the circumstances, the matter is adjourned to 12th September, 2012. The alleged contemptor is directed to remain personally present before this Court at 11:00 A.M., on 12.09.2012. Inspite of this order, if the alleged contemptor fails to remain present before this Court, appropriate orders shall be passed to secure his presence."
6. Registry is directed to serve a copy of this order on the alleged contemptor-applicant, forthwith.
2. We also perused the order dated 20th July, 2012 passed by this Court, which reads as under :
"1.Non-appeared for either side at the first call. Even at the second also, non-appeared.
2. We may give benefit of doubt to the alleged contemptner that he may not be aware about the date of this matter as this matter is specially assigned to this Bench. We, therefore, accordingly adjourn the matter to 20th August, 2012.
3. Registry is directed to send intimation to the alleged contemptner Mr.Devesh Bhatt informing him about the aforesaid date. Inspite of such intimation if the alleged contemptner fails to remain present before the Court, appropriate order will be passed on that date to secure his presence."
3. In view of the aforesaid two orders, Registry is directed to issue bailable warrant for sum of Rs. 5000/- (Rs. Five Thousand only) returnable on 18th October, 2012 against applicant Shri Devesh Bhatt in Criminal Misc. Application No. 4861 of 2012.
[RAVI R. TRIPATHI, J.] [N.V.ANJARIA, J.] cmjoshi