SBCP No.05/10 1 of 2 S.B. CIVIL CONTEMPT PETITION NO.05/2010 Ram Kumar Sharma v. Yusuf Khan & anr Date of order:22nd January, 2010 HON'BLE MR JUSICE AJAY RASTOGI Mr Sandeep Shah, for the petitioners Mr B.S. Sandhu, for the respondents Instant contempt petition has arisen out of ex parte interim order dated 19th June, 2009. It has been informed to this Court that on account of order impugned being stayed by this Court, the petitioner is presently holding the respective post and his status has not been disturbed by the respondent- Bank. Counsel for the petitioner submits that after passing of the ex parte order in June, 2009, the matter was referred to Cooperative Tribunal and the order passed by the Tribunal is in defiance of exparte order dated 19th June, 2009, of which contempt has been filed. In the opinion of this Court, if any order has been passed by the Cooperative Tribunal, it would always be open for the petitioner to avail remedy available under law. But, if he has been allowed to continue SBCP No.05/10 2 of 2 under an ex parte order dated 19th June, 2009, there can not be said to be any disobedience of the order dated 19th June, 2009, of which contempt has been filed. Consequently, the contempt petition is without merit and dismissed. Both the counsel request that looking to nature of controversy, the writ petition may be listed for final disposal along with connected matter – SBCWP No.10654/2009, on 01st February, 2010. List the writ petition on 01/02/2010. [AJAY RASTOGI],J. mma