Rajaram Babaji Patil v. The Commissioner Municipal Corporation Of Greater Mumai And 2 ORS.
916-CONPW.78.2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 78 OF 2016 IN WRIT PETITIION NO. 3033 OF 2002 Rajaram Babuji Patil } Petitioner versus The Honorable Municipal } Commissioner and Ors.
} Respondents Mr. Surel Shah with Mr. Sachin Arun Mhatre for the petitioner.
Mr. H. C. Pimple for the Municipal Corporation.
CORAM :- S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ.
DATED :- DECEMBER 9, 2016 P.C. :- 1.
Heard Mr. Shah. Perused the order of which contempt is complained of. Having perused it, what we find is that based thereon some substantive reliefs are claimed. Though the promotion is stated to be granted, the deemed date of the same is not granted. If that is the relief which is being claimed and consequential benefits flowing therefrom, then, the remedy is to file a substantive proceeding. In contempt jurisdiction we cannot grant any substantive relief or modify the order. The contempt petition is entirely misconceived and it is dismissed. (B.P.COLABAWALLA, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA