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Bombay High CourtCP/258/2018

Shri Ganesh Namdev Bhoir v. Shri D. B. Kamble And ANR.

2020-01-16Hon'Ble Shri Justice N. R. Borkar,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

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73. CP 258-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 258 OF 2018 Shri. Ganesh Namdev Bhoir

...Petitioner

Vs.

Shri. D.B. Kamble and Anr.

...Respondents

---- Mr. J.M.Puranik for the petitioner.

Mr. K.V.Saste, APP for the State.

---- CORAM : B. P. DHARMADHIKARI & N.R.BORKAR, JJ.

DATE : 16TH JANUARY, 2020.

P.C.:

Contention is direction contained in paragraph No.4 of order of this Court dated 22nd March, 2017 has not been complied with within stipulated period of six weeks.

2.

After hearing Learned Counsel for petitioner and Learned APP, we find that copy of representation dated 8th February, 2016 was served by petitioner on 26th March, 2017. Period of six weeks, therefore, needed to be counted from said date. 3.

Petitioner was called for hearing on 24th April, 2017 and

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73. CP 258-18.doc then impugned order has been passed on 17th May, 2017. 4.

Period of six weeks from 26th March, 2017 expired on 7th May, 2017. Petitioner was given opportunity of hearing and orders have been passed on 17th May, 2017. There is, therefore, delay of only 10 days.

5.

We are not willing to consider this delay as sufficient to invoke contempt jurisdiction. Hence, rejected. (N. R. BORKAR, J.) (B. P. DHARMADHIKARI, J.)