(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The basis of the present petition is the order dated 08.07.2011 passed by the learned Single Judge of this Court in Civil Application No.5833/11. However, it does appear that the Civil Application is still pending and yet not finally concluded before the learned Single Judge of this Court.
Mr.Yagnik, learned counsel appearing for the petitioners however contended that through some antisocial element, the order is attempted to be defied and therefore, the present proceedings.
In our view, such can always be ventilated before the learned Single Judge who is seized with the proceedings including proper enforcement of the order, more particularly when the proceedings are pending. If the court thereafter finds that somebody has tried to interfere with the smooth enforcement and implementation of the order or has defied the order and consequently the contempt, such circumstances may stand on different footing.
In the above view of the matter, since the proceedings are pending before the learned Single Judge, no proceedings are initiated under the Contempt of Court Act at this stage leaving the parties to agitate the question before the learned Single Judge.
Disposed of accordingly.
(JAYANT PATEL, J.) (C.L.
SONI, J.) *bjoy Top