Harikishan Vedprakash Agarwal And Another v. Burjor Rustum Joshi And 9 Others

- 1 - (CRCPL 3 of 2014) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CRIMINAL CONTEMPT PETITION (L) No. 3 OF 2014 IN NOTICE OF MOTION No.2658 OF 2012 IN SUIT No. 92 OF 1982 Harikishan Vedprakash Agarwal and Anr.

...Petitioners

Vs.

Burjor Joshi & Ors.

...Respondents

*********** Ms.N. Almedia i/b. D.R. Jhuriya for Petitioners Mr.Vachan Bodke i/b. Chitnis Vaithy & Co. for Respondents *********** CORAM : V. M. KANADE & REVATI MOHITE DERE, JJ.

DATE : NOVEMBER 30, 2015 P.C. :

1.

The grievance of the Petitioner is that though a statement was made by the Defendants that they would file a written statement, no written statement has been filed so far.

2.

The learned counsel appearing on behalf of all the Respondents/ Defendants submits that they do not propose to file a written statement. 1/2

- 2 - (CRCPL 3 of 2014) 3.

In our view, it cannot be amount to contempt of this Court. Ultimately it upto the Defendants to decide whether they wish to file a written statement or not. Hence, no case is made out by the Petitioner for issuance of the contempt notice in the petition. Contempt petition is dismissed and disposed of.

Sd/- Sd/- [REVATI MOHITE DERE, J.] [ V. M. KANADE, J.] Vaishali Tikam 2/2