Shah Mohammed Choudhary v. Santosh Kumar Dhonde And 3 ORS.

15-NMW-294-18.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 294 OF 2018 IN CONTEMPT PETITION NO. 4 OF 2017 IN WRIT PETITION NO. 859 OF 2016 Shah Mohammed Chaudhary ...Applicant/ Petitioner

Versus

Mr. Santosh Kumar Dhonde & Ors.

...Respondents

---------- Mr. Amarendra P. Jha, for the Applicant/Petitioner. Ms. Vandana Mahadik, for the Respondent-BMC.

---------- CORAM :

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

DATE : 8 August 2018 ORDER :

Sharayu Pandurang Khot 1.

Heard the learned Counsel appearing for the Digitally signed by Sharayu Pandurang Khot Date:

2018.08.20 15:13:02 +1200 Applicant.

2.

The Applicant is the Petitioner in the Contempt Petition No. 4 of 2017, which was disposed of by the order 1 / 2 August 8, 2018

15-NMW-294-18.doc dated 16th November 2017 by a Division Bench of this Court. The Division Bench declined to take action under the Contempt of Courts Act, 1971. By this Notice of Motion, the Applicant is seeking a substantive relief including a direction for restoration of water supply. In fact, in the order dated 16th November 2017 while disposing of the Contempt Petition, the Division Bench of this Court observed that if the Applicant is otherwise aggrieved by the disconnection of the water supply, he has other remedies. However, it was observed that the said grievance could not be the subject matter of a Contempt Petition. Therefore, the relief which is sought in this Notice of Motion taken out in the disposed of Contempt Petition cannot be considered on merits in the disposed of Contempt Petition. The remedy of the Applicant is already kept open while disposing of the Contempt Petition. 3.

Hence, subject to what is observed above, the Notice of Motion is disposed of.

[RIYAZ I. CHAGLA J.] [ABHAY S. OKA, J.] 2 / 2 August 8, 2018