Shraddha Polymats v. Dnyaneshwar Jaihari Bagade

556.13CP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CONTEMPT PETITION NO. 556 OF 2013 IN WP/5366/2010 SHRADDHA POLYMATS

VERSUS

DNYANESHWAR JAIHARI BAGADE ...

Advocate for Petitioner : Mr. Shah Subodh P.

AGP for Respondent/State : Mr. S.R. Yadav ...

CORAM : S.S. SHINDE & P.R. BORA, JJ.

Dated: December 03, 2015 ...

PER COURT :- The direction/order of which disobedience has been alleged in this Contempt Petition is complied with by the Respondent. However, there is delay in compliance. The Respondent for that purpose have tendered unconditional apology.

2.

The Supreme Court in the case of Suresh Chandra Poddar Vs. Dhani Ram and others reported in (2002) 1 SCC 766 held that, "Time and again this Court has cautioned as to when and in what circumstances contempt of court jurisdiction is to be exercised. Such a power is not intended to be exercised as a matter of course. Courts should not feel

556.13CP unduly touchy when they are told that the orders have not been implemented forthwith."

3.

In the light of discussion hereinabove, in our opinion, ends of justice would meet if the unconditional apology tendered by the cotemnor is accepted and contempt proceedings are dropped.

4.

Accordingly we accept the unconditional and unqualified apology. Contempt proceedings stands dropped. The notice stands discharged.

5.

The Contempt Petition stands disposed of.

( P.R. BORA, J. ) ( S.S. SHINDE, J. ) ...

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