AMARSANG NATHAJI AS HIMSELF AND AS KARTA AND MANAGER Vs. HARDIK HARSHADBHAI PATEL AND OTHERS
LAWS(SC)-2016-11-29
SUPREME COURT OF INDIA
Decided on November 23,2016

Amarsang Nathaji As Himself And As Karta And Manager Appellant
VERSUS
Hardik Harshadbhai Patel And Others Respondents

JUDGEMENT

KURIAN,J. - (1.) Leave granted.
(2.) The scope of this appeal is limited to the challenge on legality of the proceedings under Section 340 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") initiated by the High Court as part of the impugned judgment dated 12th/13th April, 2016 in Appeal from Order No. 489 of 2013 on the file of the High Court of Gujarat. The appeal before the High Court arose from an order passed by the Senior Civil Judge, Ahmedabad declining to grant an interim injunction, in Civil Suit No. 28 of 2012. Having extensively referred to the materials on record, the High Court after elaborately considering the arguments, by a detailed judgment, dismissed the appeal, confirming the order passed by the trial court. The plaintiff/respondent had also approached this Court by way of a Special Leave Petition (Civil) No. 14478 of 2016. The said Special Leave Petition has been dismissed on 15.11.2016 as not pressed on the submission that the parties have reached an amicable settlement on the issue.
(3.) The High Court, on account of the contradictory stand taken by the appellant herein who was the first respondent before the High Court (Defendant no.1 in the Suit), took the view that the conduct of the appellant has affected the administration of justice, and therefore, it was expedient in the interests of justice to file a complaint against the appellant under Section 340 of the Code.;


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