Mohd Abdul Mateen And Another v. The State Of Maharashtra And Others

943CP230-17 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 230 OF 2017 IN WRIT PETITION NO.5851 OF 2015 AND WRIT PETITION NO.11870 OF 2015 Mohd.Abdul Mateen and Anr.

...Petitioners

Versus

The State of Maharashtra and Ors.

...Respondents

Mr. U.R.Awate, Advocate h/f Talekar and Associates Advocate for applicant.

Mr. S.G.Karlker, A.G.P. for Respondent No.1 Mr. Deelip Patil Bankar, Advocate for Respondent Nos. 2 and 3 .....

CORAM : S.V.GANGAPURWALA AND A.M.DHAVALE, JJ.

DATE: APRIL 11, 2018 PER COURT :

1.

Under order dated 22nd March, 2018, we had observed that prima facie, we find that the order of this court passed on 27th April, 2016 is flouted and we had directed the respondent Nos. 2 and 3 to personally remain present in the court. Today, respondent No.3 Mr. Madhukar Ganpatrao Raje Ardad is present in the court and has filed an affidavit.

943CP230-17 (2) Respondent No.2 has also filed an affidavit and has sought exemption from personal appearance. According to the affidavit filed by respondent Nos. 2 and 3, they had bona fidely misinterpreted the order of this court. They further state that they have complied the order and have also paid wages to the petitioners and so also, issued appointment orders. Respondent Nos. 2 and 3 have tendered unconditional apology to this court.

2.

Considering the unconditional apology tendered by respondent Nos. 2 and 3 and accepting their explanation that it was their bona fide misinterpretion of the order, we refrain from initiating action of contempt.

3.

The petitioners also confirm that the order of this court has been complied.

4.

In view of that, contempt petition is disposed of. No costs.

(A.M. DHAVALE, J.) (S.V. GANGAPURWALA, J.) mta