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2023 Supreme(Guj) 137

N. V. ANJARIA, NIRAL R. MEHTA
SUSHILKUMAR GOPIKANT JHA – Appellant
Versus
MANOJ AGGARWAL – Respondent


Advocates:
Advocate Appeared:
For the Appellant : KRUTI M. SHAH.
For the Respondents: MANISHA LAVKUMAR, SHRUTI PATHAK, KRUTIK PARIKH.

JUDGMENT :

N.V. ANJARIA, J.

1. The contempt jurisdiction of the court is a disciplined jurisdiction.

2. This Miscellaneous Civil Application is filed by the applicant invoking the jurisdiction of this court under the Contempt of Courts Act, 1971. What is complained of is about non-compliance of order and direction in judgment dated 15.3.2022 in Special Civil Application No. 5082 of 2022.

2.1 At the outset it may be stated, as also reflected in the order dated 22.9.2022 that the grievance regarding non-compliance of the directions of learned single Judge with regard of applicant No. 1-original petitioner No. 1 no more survived. However, according to learned advocate for the petitioners Ms. Kruti Shah, the order was not complied with in its entirety for second applicant, therefore on that score only the present proceedings would survive. As the case about non-compliance survives only in respect of applicant No. 2, the facts herein-below are focused accordingly.

3. The moot question is whether the respondents could be said to have committed contempt of court and flouted the directions of learned single Judge by not applying to applicant-petitioner No. 2 Resolution dated 15.9.2022 and by no

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