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Bombay High CourtCP/108/2015disposed off

Mr. Anand G. Malani And ORS v. Mr. Sanjay Bhatia, Managing Director

2016-01-12Hon'Ble Shri Justice C.V. Bhadang,Hon'Ble Shri Justice A.S. Oka2 pages

CP.108.2015(29) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION CONTEMPT PETITION NO. 108 OF 2015 IN WRIT PETITION NO. 6118 OF 2013 Anand G. Malani & Ors.

...Petitioners

Vs.

Sanjay Bhatia

...Respondents

Mr. Vinod Gangwal i/b. Mr. Hanmant Govind Wakshe for the Petitioners Mr. Gopal Krishna Shivram Hegde for the Respondent No.1 CORAM : A.S.OKA, & C.V. BHADANG, JJ.

DATE : JANUARY 12, 2016 P.C.:

1.

Heard the Counsel appearing for the petitioners. The breach alleged is of the order dated 27th October, 2014 passed by this Court in Writ Petition No.6118 of 2013. There is an affidavit in reply filed by the contemnor. In the affidavit, it is disclosed that a decision has been taken in terms of the order of this Court. A copy of the decision taken on 9th March, 2015 has been annexed to the affidavit. Shri Sanjay Bhatia, the contemnor has tendered an unconditional apology for the delay.

2.

The submissions made by the learned Counsel appearing for the petitioner are on the merits of the decision. If the petitioner is aggrieved by the decision, his remedy is to challenge the same in accordance with Law.

CP.108.2015(29) 3.

Suffice it to say that no case of deliberate breach of the order dated 27th October 2014 is made out. The apology tendered for the delay is accepted. The contempt petition is disposed of. However, the disposal of this petition will not prevent the petitioner from challenging the decision in accordance with law.

(C.V. BHADANG,J.) (A.S.OKA,J.)