(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) Having heard learned Counsel for the parties the respondents are charged as under :
"Upon perusal of the memorandum of contempt petition, being Miscellaneous Civil Application No.2085 of 2012, and more particularly Para - 16 to 22 thereof as also the undertaking dated 9.7.2012 at Annexure-"H" thereto and the order dated 9.7.2012 in Criminal Miscellaneous Application No. 13126 of 2011 with 13128 of 2011, it appears that you, the respondents have committed willful breach of the undertaking at Annexure-H which constitutes an act of "civil contempt" within the meaning of Section 2(b) of the Contempt of Courts Act, 1971. Therefore, you are called upon to show as to why you should not be held guilty of the aforesaid act and/or omission constituting contempt of Court and be punished appropriately for the said act/omission.
Learned Counsel Mr. K.P. Champaneri, appearing for the respondents submitted that respondent No.1 is personally present in Court and respondent No.2 has not remained personally present in spite of specific earlier direction. Therefore, hearing is adjourned to 11.10.2012 at his request for recording plea of the respondents and further proceeding. No warrant is required to be issued for respondent No.2 as the statement is made on his behalf by learned Counsel Mr. Champaneri that both the respondents shall remain personally present on that day.
(D.H.WAGHELA,J.) (Z.K.SAIYED, J.) sas