High Court On Its Own Motion v. Hollywood Opticians Pvt. Ltd. And 2 ORS.

911 SMSN 1 OF 2019 vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUO MOTU SHOW CAUSE NOTICE NO.1 OF 2019 IN ARBITRATION PETITION NO.570 OF 2018 High Court on its own Motion Through Prothonotary and Senior Master ...

Petitioner V/s.

Hollywood Opticians Pvt..

Ltd and 2 others ...

Contemnor/ Respondents Mr. Ranjan L. Solanki i/by O.M. Gujar, Law Chambers,for the Petitioner.

Mr. Prerak Sharma i/by Sajid T. Shaikh, for respondent Nos. 2 and 3.

CORAM : G. S. KULKARNI, J.

DATE : 25TH APRIL, 2019.

P.C. :

1] By order dated 14th March, 2019 passed in Arbitration Petition No.570 of 2018, this Court had issued notice to the respondents under Rule 1032 (a) of the Bombay high Court (Original Side) Rules read with Article 215 of the Constitution, to show cause as to why the contempt proceeding be not initiated, for breach of the orders of this Court dated 21st February, 2019 and 12th March, 2019.

2] By an order dated 1st April, 209 Arbitration Petition No.570 of 1/2

911 SMSN 1 OF 2019 2018 came to be disposed of as the respondent contemnor had secured the amount which was directed to be deposited by this Court in the previous orders.

3] On this backdrop, this Suo Motu Show Cause Notice is placed for hearing.

4] Respondents have placed on record affidavit of Mr. Saleem Sarang and Sameena Sarang dated 25th April, 2019, by which respondentcontemnors have tendered unconditional apology for not complying with those orders. They have also explained that there was no willful intention on their part to breach the orders dated 21st February, 2019 and 12th March, 2019, passed by this Court.

5] It is submitted that the said orders were complied as the amount is deposited and the petitioner has been properly secured pending arbitral proceeding. It is therefore, submitted that the show cause notice issued against the contemnors be discharged by accepting unconditional apology as tendered in the affidavit dated 25th April, 2019. 6] Having heard the learned counsel for the contemnors, in my opinion sufficient cause is made out for accepting the unconditional apology. The Suo Motu Show cause notice stands discharged. Ordered accordingly.

[G. S. KULKARNI, J] 2/2