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Bombay High CourtCP/291/2014disposed off

Shri Shrikant Vasant Joglekar v. Bhagyashree Kapase, Assistant Commissioner B.M.C. And ORS

2015-10-30Hon'Ble Shri Justice V.L. Achliya,Hon'Ble Shri Justice A.S. Oka2 pages

ash cp-291.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 291 OF 2014 Shri Shrikant Vasant Joglekar & Ors.

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Petitioners Vs Bhagyashree Kapase, Assistant Commissioner, Brihanmumbai Municipal Corporation & Ors.

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Respondents -- Shri Rahul Deodhar i/by Shri Suresh M. Kamble for the Petitioners. Shri N.V. Walavalkar, Senior Advocate for Respondent Nos.1 and 2. Mrs. M.P. Thakur, AGP for the Respondent No.3. -- CORAM :

A.S. OKA & V.LACHLIYA, JJ DATED :

30TH OCTOBER 2015 P.C.

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The learned counsel appearing for the Petitioner pointed out that the petitioner is no more.

2.

We have perused the Petition. We have heard the learned senior counsel appearing for the First Respondent. The breach is alleged of the orders dated 24th June 2013 and 8th July 2013 passed by this Court in Writ Petition NO.4149 of 2013.

3.

We have perused the affidavit of Smt. Bhagyashree Tukaram Kapse (the First Respondent) which is dated 28th August 2015 and annexures thereto. The said affidavit shows that infact compliance

ash cp-291.14 with the orders was made by the First Respondent. It is pointed out that there is some delay in complying with the orders. 4.

After having perused the said affidavit of the First Respondent, we find that this is not a case of any willful disobedience or deliberate breach of the orders of this Court. The apology tendered by the First Respondent is hereby accepted.

5.

Hence, the notice issued under the order dated 7th July 2015 is hereby discharged. The Petition is disposed of. (V.L. ACHLIYA, J) ( A.S. OKA, J )