Zoebali M Pardawalla v. Yusuf Amir Beg Kader Beg And ORS

1/2 908&909-CAC-167AND-CP-20-18.doc [Zoebali v Yusuf]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.167 OF 2018 IN CIVIL REVISION APPLICATION NO.824 OF 2014 WITH SUO MOTU CONTEMPT PETITION NO.120 OF 2018 IN CIVIL APPLICATION NO.167 OF 2018 IN CIVIL REVISION APPLICATION NO.824 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Eventa A. Gonsalves, Advocate for the Applicant.

CORAM : R. G. KETKAR, J.

DATE : 28/03/2018 P.C.:

1.

Heard Ms. Eventa Gonsalves, learned Counsel for the applicant.

2.

The application was heard on 12.3.2018 and on 20.3.2018. By order dated 12.3.2018, notice was issued to respondents No.1 to 4 returnable on 27.3.2018 as to why action under the Contempt of Courts Act, 1971 be not initiated against them for committing breach of the orders dated 15.6.2016, 1.8.2016 and 2.9.2016.

3.

In view of the Bombay High Court Appellate Side Rules, 1960 relating to contempt proceedings, the applicant will have to file substantive Contempt

2/2 908&909-CAC-167AND-CP-20-18.doc [Zoebali v Yusuf] Petition and not Civil Application. Therefore, permission is granted to withdraw this Civil Application with liberty to file substantive Contempt Petition. Civil Application is accordingly disposed of. In view of disposal of Civil Application, Contempt Petition No.120/2018 is also disposed of. Order accordingly.

(R. G. KETKAR, J.) Deshmane(PS)