(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. The applicant - original respondent No.2 complains of not complying with the directions issued by the learned Single Judge of this Court in an order dated 30th August, 2011 passed in Special Civil Application No. 9864 of 2008. By the said order, the learned Judge provided that if the present applicant deposits a sum of Rs.1,00,000.00 (Rs. One lac only) within the time stipulated, seals on the property on question shall be removed and he shall be allowed to run his business.
2. It is not in dispute that the said amount of Rs.1,00,000.00 was deposited with the learned Principal Senior Civil Judge, Himatnagar who was executing the decree passed by the Board of Nominees and before whom such proceedings were pending. Despite this, the opponents did not remove seals as directed by this Court. Hence this contempt petition.
3. In response to the notice issued by us, respondents have appeared through their learned Advocate Shri Bhavik Shah for whom, learned advocate Shri Nehal Gandhi argued the case before us.
4. After some discussion at the Bar, learned Counsel Shri Gandhi stated that the seals would be opened forthwith. Respondent No. 2 is present in the Court. He tendered unconditional apology for not having opened the seals earlier on account of his understanding of the order that the amount should have been deposited with the bank and not with the executing court. We take note of this apology and though we are not entirely satisfied with his interpretation of the Court's order, we close this contempt proceedings in view of the apology and assurance that the seal would be opened by the evening today. This Miscellaneous Civil Application is disposed of accordingly.
(Akil Kureshi,J.) (C.L.
Soni,J.) an vyas Top