Saroj Indreshkumar Dube v. Kaushik More And 3 ORS. (Contemnors) And The Municipal Commissioner And 2 ORS. (Respondents)

512-CPL-32-2018.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION (L) NO. 32 OF 2018 IN WRIT PETITION NO. 432 OF 2015 Saroj Indresh Kumar Dubey ... Petitioner

Versus

Shri Kaushik More & Ors.

... Contemnors AND The Assistant Municipal Commissioner & Ors.

... Respondents Mr. Gulab R. Dwivedi and Mr. Ram V. Singh for the Petitioner. Ms. Asha Nair, i/b Diamondwala & Co. for Respondent Nos. 1 and 2.

Mr. Amit Shasttri, AGP for Respondent No.7.

Ms. Shital Mane, for Respondent - BMC.

CORAM:

A.S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE:

14TH JUNE, 2018.

PC:- 1.

Not on board. Taken on board.

2.

By alleging that there is a breach of order dated 5th July, 2017 in Writ Petition No. 432 of 2015, the Petitioner is seeking an action under the Contempt of Court Act, 1971 against four contemnors. However, on perusal of the order dated 5th July, 2017, we find that there were no directions issued by this Court against the four contemnors. The directions were against the Municipal Officer who has admittedly complied with the same. 1/2

512-CPL-32-2018.DOC 3.

Therefore, no action for civil contempt can be initiated as no case of breach of any order passed by this Court is made out against the contemnors.

4.

Accordingly, we decline to entertain the Contempt Petition and the same is disposed of. However, the other remedies of the Petitioner against the contemnors are kept open. ( RIYAZ I. CHAGLA J. ) ( A.S. OKA, J ) 2/2