Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 9322 OF 2016
[@ SPECIAL LEAVE PETITION (C) NO. 6538 OF 2015 ]
GLOBAL CEMENT LTD AND ORS. Appellant (s)
VERSUS
DEPUTY REGISTRAR, HIGH COURT OF GUJARAT
AT AHMEDABAD AND ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. The appellants are aggrieved by the short order
dated 22.01.2015 passed by the High Court in Suo Moto
proceedings for contempt initiated against the
appellants. The operative portion of the order reads
as follows :-
"The respondents are directed to deposit
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the amount in terms of the order of
learned Single Judge and if the amount is
not deposited, the respondents are
directed to remain present on the next
date of hearing."
3. Mr. H. P. Rawal, learned senior counsel appearing
for Respondent No. 2 fairly submits that there was no
direction by learned Single Judge for deposit of any
amount. However, the learned senior counsel submits
that the subject matter of the contempt was entirely
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different.
4. We do not deem it proper to go into any of the
contentions in that regard for the simple reason that
the limited grievance of the appellants before us is
only on the direction in the impugned order to
deposit some amounts in terms of the order of the
learned Single Judge and if not, to remain present in
Court for further proceedings with the contempt.
However, the learned senior counsel submits that the
appellants have other submissions on merits.
5. Both parties are free to raise all available
contentions before the Division Bench of the High
Court. Accordingly, we set aside the impugned order
dated 22.01.2015 and remit the matter to the High
Court.
6. In view of the above, the appeal is disposed of.
7. Interlocutory application for intervention is
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dismissed.
8. We make it clear that we have not considered the
matter on merits and it is for the High Court to
consider all contentions raised before it.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
September 15, 2016.
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