Dinanath Yeshwant Shelke v. Namdeo Kondiba Bhosle

(1) C.P. No. 467 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Contempt Petition No. 467 of 2015 (In Writ Petition No. 6210 of 2013) Dinanath Yashwant Shelke, Age : 65 years, Occupation : Nil, R/o. Subhash Nagar, Supdappa Colony, Plot No.43, Old Dhule, Taluka & District : Dhule.

.. Petitioner.

versus Dr. Namdeo Kondiba Bhosle, Age : Major, Occupation : Service, R/o. Municipal Corporation, Dhule, Taluka & District : Dhule.

.. Respondents.

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Mr. S.J. Salunke, Advocate, for the petitioner. Mr. Mukul Kulkarni, Advocate, for the respondent. ..........................

CORAM : S.S. SHINDE & A.M. BADAR, JJ.

DATE : 29TH OCTOBER 2015 PER COURT :

1.

The learned Counsel appearing for the respondent has tendered, across Bar, affidavit in reply, showing compliance of the order of which disobedience has been alleged in this Contempt Petition.

(2) C.P. No. 467 of 2015 2.

It is true, that the respondent has not taken the decision within stipulated period of two months. However, respondent has tendered unconditional apology for delay in taking decision. The Supreme Court in the case of Suresh Chandra Poddar Vs. Dhani Ram & others, reported in (2002) 1 Supreme Court Cases 766, has observed that 'Even where the order of court is complied with, subsequent to receipt of notice of contempt, court should show judicial grace and magnanimity in dealing with action for contempt'.

3.

In that view of the matter, the Contempt Petition stands disposed of.

( A.M. BADAR ) ( S.S. SHINDE ) JUDGE JUDGE ................................

puranik / CP467.15