Vijay Kondayya Manthena v. Ajoy Mehta And ORS

CONP/6/2017 BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CONTEMPT PETITION NO.6 OF 2017 Vijay Kondayya Manthena ....Petitioner.

v/s Mr. Ajoy Mehta & Others ..... Respondents.

Mr. S.G. Kudle, Advocate for the Petitioner.

Mrs. P.P. Shinde, Public Prosecutor for Respondent/State. CORAM: B. R. GAVAI & M.S. KARNIK, JJ.

DATE: 21st August, 2017 P.C.:- 1] This Contempt Petition is filed on the allegation that in L.C. Suit (St.) No. 5966 of 2016, which was filed by one Sunil Sohanlal Jain, Respondent Nos. 1 and 2 did not bring to the notice of the said Court pendency of Writ Petition (L) No.885 of 2017 before this Court and therefore have committed contempt of this Court. 2] Mr. Kudle, learned Counsel appearing on behalf of the Petitioner submits that by not pointing out the matter with regard to pendency of Writ Petition before this Court, Respondent Nos. 1 and 2 colluded with the Plaintiff in the said suit so as to enable the Plaintiff to get 1/2

CONP/6/2017 favourable orders from the City Civil Court.

3] We find that on the basis of such vague allegations, contempt jurisdiction of this Court cannot be invoked. No specific role is attributed to Respondent Nos. 1 and 2 as to what act they have done personally for the alleged contempt.

4] The Contempt Petition is found to be without merits and, as such, it is dismissed.

(M. S. KARNIK, J. ) (B. R. GAVAI, J. ) 2/2