Shri Anil Gidwani v. Smt. Shnata P Wadhwa (Also Known As Shanta Mhatre) And ANR

21) wp5491-15.doc sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.549 1 O f 2015 Anil Gidwani ..Petitioner.

V/s.

Smt. Shanta P. Wadhwa & Anr.

..Respondents.

Mr.Rajeshwar Panchal for the Petitioner.

Mr.Rajesh Patil for the Respondents.

CORAM : N.M.Jamdar, J.

DATED : 27 January, 2017 P.C. :- By this petition, the Petitioner is challenging the orders passed by the Appellate Bench of the Small Cause Court, Bandra, Mumbai dated 7 January, 2015 dismissing the Marji Application No.38 of2014 taken out by the Petitioner against the Respondent for committing contempt of Court.

2.

Heard the learned counsel for the parties. Perused the order passed by the Appellate Bench. It appears that the contempt alleged is in respect of the party belonging to a particular community. This aspect of the matter that has been considered by Appellate Bench. The Appellate Bench has taken a view that there is no such 1/2

21) wp5491-15.doc contempt made and the application has been moved for frivolous reasons. In spite of this view taken by the Appellate Bench, the Petitioner has pursued the challenge in this Court. The power of contempt is not exercised by the Court to satisfy the ego of a party and it is a power reserved to uphold the majesty of law. In these circumstances, no interference is warranted and under the power of superintendence of this Court, the writ petition is rejected. The main matter pending between the parties will be decided on its own merits.

(N.M.Jamdar, J.) 2/2