Dhirajkumar Kanakamal Gugale v. Mr Vikram Kumar Muncipal Commisioner Pune

Wadhwa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 189 OF 2023 IN WRIT PETITION NO. 4058 OF 2021 Dhirajkumar Kanakmal Gugale & Ors

...Petitioners

Versus

Vikram Kumar, Pune Municipal Commissioner, Pune & Ors

...Respondents

Mr Prashant Darandale, for the Petitioners.

Mrs Manisha Jagtap, for Respondent No. 1-PMC

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED: 2nd November 2023 PC:- 1.

Contempt is alleged of an order of 26th September 2022. There is a completely unnecessary and entirely avoidable controversy before us. Ms Jagtap for the Pune Municipal Corporation ("PMC") states that although the Petitioner was called to a hearing, he refused to attend. The Petitioner has another version alleging that the PMC Officer said that nothing could be done in the matter.

Digitally signed by SANDHYA BHAGU WADHWA Date:

2023.11.03 15:23:14 +0530 SANDHYA BHAGU WADHWA

2.

No purpose will be achieved by carrying on like this. 3.

The order in question requires the Petitioner to file a separate representation to take action against the 4th Respondent developer in respect of Building 'B' at Survey No 63, Part 1/2, Near Shanti Nagar Society, Gangadham, Katraj Road, Kondwa Budruk, Pune. That application is said to have been filed (page 109). A copy of this representation was served on the 4th Respondent. This Court had directed that after giving 72 hours advance notice, the 2nd Respondent would hear the Petitioner and the 4th Respondent and would pass an order within eight weeks. The order was to be then communicated within a week thereafter. All contentions were left open. Aggrieved parties were at liberty to adopt their appropriate available remedies.

4.

In light of this, we direct the 2nd Respondent to hear the Petitioner and the 4th Respondent developer (to the Petitioner's Application before PMC) on 30th November 2023 at 3:00 pm. 5.

There is no requirement of a further notice. The Petitioner is required to attend that hearing. If the Petitioner does not attend the hearing on that date, the 2nd Respondent will proceed to note his absence and will then dismiss or reject the application in accordance with law. If the Petitioner and the 4th Respondent are present, the 2nd Respondent will then proceed to pass an order by 15th December 2023 and a copy is to be communicated to both sides by 22nd December 2023.

6.

All contentions are left open. Any aggrieved party may adopt appropriate proceedings.

7.

Neither the Petitioner nor the 4th Respondent is at liberty to seek an adjournment before the 2nd Respondent. The 2nd Respondent is not to adjourn the hearing under any circumstances. 8.

The Contempt Petition is disposed of in these terms. No costs.

(Kamal Khata, J) (G. S. Patel, J)