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Bombay High CourtCP/432/2015disposed off

Malti M. Bhutta v. Shri Bajrang Jadhav

2018-01-04Hon'Ble Shri Justice G. S. Kulkarni2 pages

3-cp 432-15 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.432 OF 2015 IN WRIT PETITION NO.8563 OF 2014 Malti M. Bhutta & Ors.

..Applicants Vs.

Shri Bajrang Jadhav & Ors.

..Respondents ----- None for Applicants.

Mr.Hakani for Respondent No.1.

Mr.A.R. Metkari, AGP for State.

Mr.Bajrant Jadhav, respondent No.1, present.

----- CORAM :

G.S. KULKARNI, J.

DATE : 4th JANUARY, 2018 P.C.:

None for the applicants. Even on the last occasion, none appeared for the applicants/petitioners.

2.

In pursuance of the order dated 27th November 2017, Mr.Bajrang Jadhav is present in the Court who is represented by Mr.Hakani.

3.

Mr.Hakani has drawn my attention to the averments as made in paragraph 1 of the petition merely states that the order dated 23rd September 2014 was brought to the notice of respondent No.1/contemnor. It is submitted that however, there is no

3-cp 432-15 document placed on record stating that the order dated 23rd September 2014 was intimated to the respondent No.1/contemnor and/or the respondent No.1/contemnor was made aware of the order passed by this Court so as to seek compliance. 4.

There appears to be much substance in the submission of Mr.Hakani on a perusal of the record of this Contempt Petition. In view of this basic infirmity, in my opinion, there cannot be any intentional disobedience of the order passed by this Court, by the respondent No.1/contemnor. In any event the petitioner does not appear to be interested to pursue this petition in view of his consistent absence to pursue the petition.

5.

In the circumstances, Contempt Petition is dismissed. No costs.

[G.S. KULKARNI, J.]