GLOBAL CEMENT LTD AND ORS. Vs. DEPUTY REGISTRAR, HIGH COURT OF GUJARAT AT AHMEDABAD AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 9322 of 2016, Judgment Date: Sep 15, 2016

                                                              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 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 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 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.