Arun Bhansali, J. - (1.) THIS contempt petition has been fileby the petitioners alleging willful disobedience of order dated 09.07.2010 passed by this Court in S.B. Civil Writ Petition No. 6027/2010, whereby, it was, inter alia, directed as under: - "In the meanwhile and until further orders, the respondents No. 2 and 3 are restrained from giving effect to the amendments pertaining to the Constitution of the managing committee and governing council of NAB -Phiroze & Noshir Mewarnji Rehabilitation Centre for Blind, Mount Abu."
(2.) THE petitioners had filed the writ petition, inter alia, questioning the validity of amendment of the constitution of NBA -Phiroze & Noshir Merwanji Rehabilitation Centre for the Blind, Mount Abu ('Centre') and seeking several other reliefs pertaining to the management and control of the Centre, wherein, after hearing the petitioners, the above order dated 09.07.2010 came to be passed by this Court. In the present contempt petition it has been alleged that in the annual report for the year ending 31.03.2010 there is only a mention of Managing Committee of the Centre and there is no reference of the Governing Council, whereas, in view of the interim order dated 09.07.2010, as the respondents were restrained from giving effect to the amendments pertaining to the constitution of the Managing Committee and Governing Council of the Centre, the respondents could not have omitted the Governing Council in its annual report and the act of the respondents in not following the constitution of the Centre and the Clauses regarding composition of Governing Council and its meetings amounts to circumventing the order passed by this Court; it is also alleged that the stand taken by the respondents in their reply to the writ petition insisting on treating the amendment of constitution having been effected and their acting in terms of the amended constitution, despite interim order dated 09.07.2010, is also in clear defiance of the orders passed by this Court; it is further stated that the interim order dated 09.07.2010, after hearing the parties, stands confirmed by order dated 22.02.2012 passed by this Court and application under Article 226(3) of the Constitution of India has also been rejected; it is prayed that the respondents be suitably punished.
(3.) DURING pendency of this contempt petition, the following orders came to be passed by this Court: - "Date of Order : 03/05/2013. PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Laxmi Mal Lodha, for the petitioners. Mr. Manish Shishodia, for the respondents. - - - Learned counsel for the respondents prays for a week's time to purge the contempt by restoring both the petitioners, representative of family, who donated the land and building to the respondent -Institution on the condition that two members of donor family will continue in the Governing Council and the Apex Body of the respondent - Institution administering the Centre at Mount Abu in compliance of the letter and spirit of original gift -deed under which the said property was vested with the respondent, National Association for Blind (India), Mumbai; and produce the said report before this Court restoring the position of the present petitioners (husband and wife) in the Apex/Governing Body of the NAB -Phiroze & Noshir Merwanji Rehabilitation Centre for Blind, Mount Abu in terms of letter and spirit of gift -deed." "Date of Order : 18.07.2013 Learned counsel for the respondents prays for further one week's time to produce the report before this Court restoring the position of the petitioners (husband and wife) in the Apex/Governing Body of the NAB -Phiroze & Nosir Merwanji Rehabilitation Centre for Blind, Mount Abu in terms of letter and spirit of gift deed as already directed by this Court on 3.5.2013. Time prayed for is allowed.";