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Bombay High CourtCP/440/2014disposed offdismissed for default

Vishnu Haribhau Salve v. The State Of Maharashtra And Others

2018-03-28Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice S. M. Gavhane2 pages

440.14CP IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CONTEMPT PETITION NO.440 OF 2014 IN WRIT PETITION NO.3537 OF 2000 ...

VISHNU HARIBHAU SALVE

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Mr.S.B.Pulkundwar, AGP for the respondent/State ...

CORAM: S.S. SHINDE AND S.M.GAVHANE, JJ.

DATE : 28.03.2018 ORDER:

1] Learned AGP appearing for the respondentState relying upon the averments in the affidavitin-reply and annexures thereto submits that, the order of which disobedience has been alleged in this Petition, has been complied with during pendency of this Contempt Petition.

2] It appears that, there is delay in compliance of the order, however, respondent nos. 2 and 3 have tendered unconditional apology for the said delay.

3] The Hon'ble Supreme Court in the case of Suresh Chandra Poddar Vs. Dhani Ram and others1 has taken a view that even where the order of court is complied with, subsequent to receipt of notice of 1 [2002] 1 SCC 766

440.14CP contempt, court should show judicial grace and magnanimity in dealing with action for contempt. 4] In the light of above, the Contempt Petition stands disposed of.

[S.M.GAVHANE] [S.S.SHINDE] JUDGE JUDGE DDC