AMARSANG NATHAJI AS HIMSELF AND AS KARTA AND MANAGER Vs. HARDIK HARSHADBHAI PATEL AND OTHERS
SUPREME COURT OF INDIA
Amarsang Nathaji As Himself And As Karta And Manager
Hardik Harshadbhai Patel And Others
Click here to view full judgement.
(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.;
Copyright © Regent Computronics Pvt.Ltd.