MCACP/232/1995 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC. CIVIL APPLN.(CONTEMPT PETITION) No. 232 of 1995 In SPECIAL CIVIL APPLICATION No. 14027 of 1994 For Approval and Signature : HONOURABLE MR. JUSTICE D.A.MEHTA sd/- HONOURABLE MR. JUSTICE Z.K.SAIYED sd/- 1. Whether Reporters of Local Papers may be allowed to see the judgment ? No 2. To be referred to the Reporter or not ? No 3. Whether Their Lordships wish to see the fair copy of the Judgment ? No 4. Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? No 5. Whether it is to be circulated to the Civil Judge ? No ========================================================= RAMANBHAI KACHERABHAI PATEL - Applicant(s) Versus JAMALA SEVA SAHKARI MANDLI LTD & 1 & 1 - Opponent(s) ========================================================= Appearance : (MR KS JHAVERI) for Applicant(s) : 1, MR ND NANAVATI for Opponent(s) : 1, NOTICE SERVED for Opponent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE D.A.MEHTA and HONOURABLE MR.JUSTICE Z.K.SAIYED Date : 17/04/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE D.A.MEHTA) MCACP/232/1995 2/4 JUDGMENT 1. This Application was preferred on 22.2.1995 seeking initiation of contempt proceedings and meting out punishment to the opponents for disobedience of the order made by the High Court in Special Civil Application No.14027 of 1994. 2. The learned Advocate for the applicant – petitioner has placed on record a copy of order dated 30.12.1994 whereunder while issuing Notice ad-interim relief was granted. The case of the petitioner is that despite such order the opponents did not comply with the said interim direction and, therefore, became liable for being punished for having committed contempt of Court. 3. The record reveals that Special Civil Application No.14027 of 1994 came to be finally disposed of on 31.1.2003 by the following order : “This petition has been preferred by three persons who claim to have been elected as members of the Managing Committee of the respondent No.3 - Cooperative Society [hereinafter referred to as, "the Society"]. It is the grievance of the petitioners that though they have been duly elected on 10th October, 1991, they were not allowed to participate in the administration of the Society as the members of the Managing Committee. The petitioners nos. 1 & 2 had filed Suit No. 425 of 1992 in the Board of Nominees, Mehsana for permanent injunction and direction to the defendants not to restrain the said plaintiffs from attending the MCACP/232/1995 3/4 JUDGMENT meetings of the Managing Committee of the Society. The said suit was decreed on 4th May, 1994. Feeling aggrieved, the defendants preferred Appeal No. 155 of 1994 before the Gujarat State Cooperative Tribunal. The said Appeal was dismissed on 30th September, 1994. It appears that inspite of the decree passed by the Board of Nominees and confirmed by the Tribunal, the petitioners were not permitted to participate in the proceedings of the respondent no. 3 Society. Therefore, the petition. As it is borne out from the records of the petition, the petitioners were declared elected on 10th October, 1991. Their term being that of three years, the same expired on 10th October, 1994. The petitioners' term having been expired, the present petition has become infructuous. The petition is disposed of accordingly. Rule is discharged. The parties shall bear their own costs.” 4. Thus, the principal case of the petitioner was to the effect that despite having been elected as member of the managing Committee of respondent No.3 – Cooperative Society in the main petition the petitioner was not allowed to participate in the administration of the society. Ad-interim relief which was granted restrained the said co-operative society through the President or Secretary or Member from entering into any monetary transaction. 5. However, as can be seen from the final order made by the High Court in the main petition in Special Civil Application No.14027 of 1994 the term of the petitioner, which was of three years from the MCACP/232/1995 4/4 JUDGMENT date of declaration of having been elected i.e. 10.10.1991, had already expired on 10.10.1994. Therefore, on 30.12.1994 when the petitioner obtained the order of interim relief the petitioner had already ceased to be the member of the managing Committee. 6. In the aforesaid set of facts and circumstances M.C.A.No.232 of 1995 does not merit acceptance because firstly, the interim order made on 30.12.1994 stands merged with the final order made on 31.1.2003 when the petition came to be disposed of; and secondly, on the day when the interim order came to be passed, the petitioner had lost all the rights of seeking participation in the administration of respondent No.3 Society as the term of the petitioner had expired. 7. In the aforesaid fact situation MCA No.232 of 1995 stands rejected. Rule discharged. There shall be no order as to costs. (D.A.MEHTA, J.) (Z.K.SAIYED,J.) sas