1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER NO.539 OF 2011 WITH CIVIL APPLICATION NO.748 OF 2011 Nipun Thakkar ...Appellant. v. Farooq I. Patel and Anr. ...Respondents. Mr. Ravi Kadam Sr. Advocate and Prasad Dhakephalkar Sr. Adv. i/by Dushyant Purekar, advs. For the Appellant. Mr.M.S.Karnik a/w Ashish Dubey i/by A.A.Sayed, advs. For the Respondent Nos.1 and 2. Shri A.G.Damle, adv. For the R.No.3. CORAM : J.H. BHATIA, J. DATED : JUNE 28, 2011. P.C. 1 Appeal is preferred by the appellant against the impugned order dated 21.4.2011 in contempt notice of motion no.1888 of 2010 whereby the appellant/contemnor Nipun Thakkar is held guilty of wilful disobedience of the order dated 26.3.2010 and for which he was ordered to be detained in civil prison for a period of three months. The appellant was shown as director of the defendant no.1 when the alleged contempt was committed. The learned senior counsel for the appellant points out that as per the form 32 with the Registrar of Companies, the present appellant had ceased to be director of the said defendant no.1 with effect 2 from 4.4.2009, i.e., long before even the suit was filed. The learned senior counsel also pointed out that the appellant was not even served properly with the contempt notice of motion and he could not file his reply. The learned counsel for the plaintiffs/respondents after some discussion concedes that the present appellant was shown as a contemnor under the impression that he was director of the defendant company. As the appellant was not the director of the defendant company at the relevant time, he concedes that the impugned order may be quashed with liberty to the plaintiffs to take appropriate action against the person, who may be found guilty of the contempt. 2 In view of the above, the impugned order dated 21.4.2011 in contempt notice of motion no.1888 of 2010 is hereby quashed with liberty to the plaintiffs to take appropriate action against the person, who may be actually guilty of the contempt. 3 Appeal and the application stand disposed off. (J.H. BHATIA,J.)