Heard learned counsel. Misc. Civil Application No.1108/2000, seeking contempt proceedings against the respondents in Special Civil Application No.4919/2000, was pending before the court. On 19.2.2001 it was listed before a Division Bench consisting of Hon'ble R.K.Abichandani,J and Hon'ble A.M.Kapadia,J. However, Hon'ble A.M.Kapadia,J not being available, a notice was issued by the Registry that the matters of the Division Bench of Hon'ble R.K.
Abichandani,J and Hon'ble A.M. Kapadia,J shall be mentioned before this Bench.
After the work of this Bench was over, the matters, which were listed before Hon'ble R.K.Abichandani, J and Hon'ble A.M.Kapadia,J, were also called out and in that process, Misc.Civil Application No.1108/2000 was also taken up and the order was passed rejecting the Misc.Civil Application for contempt as having become infructuous because the contempt petition was against the ad interim order and the main petition itself has been later on finally decided on 27.12.2000. Thereafter, the present Misc.Civil Application has been moved with the grievance that the counsel for the present applicants could not appear before this Bench on that day because in terms of the notice issued by the Registry, he was under the impression that only such matters will be taken up by this Bench out of the Board of cases listed before Hon'ble R.K.Abichandani,J and Hon'ble A.M.Kapadia,J's Bench, which are mentioned and that the order dated 19.2.2001 was passed without hearing him and in his absence.
Without going into any controversy in this regard, we find it appropriate to recall the order dated 19.2.2001 passed in Misc. Civil Application No.1108/2000. Accordingly Misc. Civil Application No.1108/2000 is to be heard in presence of both the sides again. Mr. Baiju Joshi has submitted that let this Misc. Civil Application No.1108/2000 be listed before the appropriate Court and according to him this court is not the appropriate court to hear the Misc. Civil Application No.1108/2000 although the orders have been passed in this matter on 19.2.2001 by this Bench. In the facts and circumstances of this case, the order dated 19.2.2001 passed in Misc. Civil Application No.1108/2000 is hereby recalled. Misc. Civil Application No.496 of 2001 is allowed. Rule is hereby made absolute.
Let Misc. Civil Application No.1108/2000 be now listed before the Bench taking up contempt matters.
(M.R.Calla,J) (J.R.Vora,J)