Atc Telecom Tower v. Mr. Suresh Kakani And ANR

1-CP.629.2014.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 629 OF 2014 IN WRIT PETITION NO. 6294 OF 2014 ATC Telecom Tower Corporation } Private Limited } Petitioner versus Mr.Suresh Kakani and Anr.

} Respondent WITH WRIT PETITION NO. 6294 OF 2014 ATC Telecom Tower Corporation } Private Limited } Petitioner versus Mira Bhayandar Municipal Corporation} and Ors.

} Respondent Mr.Amit Khairwar with Mr.Prasad Dhande i/b.M/s.D.H.Law Associates for the petitioner. Mr.N.R.Bubna for respondent nos. 1 to 3.

Mr.B.V.Samant-AGP for State.

CORAM :- S. C. DHARMADHIKARI & AVINASH G. GHAROTE, JJ.

DATED :- AUGUST 23, 2019 P.C. :- 1.

This contempt petition alleges contempt of this court's order and which, according to the petitioner, was clear. This court, in the order passed, copy of which is at pages 18, 20 and 23 of the paper book, according to the petitioner's advocate, issued certain J.V.SALUNKE,PS

1-CP.629.2014.doc directions. Contrary to the same, the respondents have acted and thus, there is a violation and breach of the order and directions of this court.

2.

The Contempt of Courts Act, 1971 defines "civil contempt" and that phrase is defined in section 2(b) to mean wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court. A contempt petition cannot be brought so as to force the opponent to obey the order when the opponent has a defence or answer for the same. In these circumstances, when the contempt action is brought, merely because in the opinion of the petitioner, there is a disobedience that by itself and without anything more will not enable us to proceed in contempt and hold the opponent or respondent guilty of civil contempt. 3.

In these circumstance, the entire contempt petition is misconceived and it is dismissed. It is dismissed all the more because the petitioner's advocate, on instructions, states that all the sites are functioning.

4.

Place the writ petition on 3rd September, 2019. (AVINASH G. GHAROTE, J.) (S.C.DHARMADHIKARI, J.) J.V.SALUNKE,PS