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Bombay High CourtCP/481/2017disposed offdismissed for default

Rafique Mohd Khan Rahim Mohd Khan And Another v. The State Of Maharashtra And Others

2017-10-05Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

{1} CP 481 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 481 OF 2017 IN WP/8188/2009 ...

RAFIQUE MOHD. KHAN S/O.RAHIM MOHD.KHAN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND ORS.

...

Advocate for Petitioners : Mr.D.R.Irale-Patil AGP for Respondent No.1 & 2 : Mrs.M.A.Deshpande Advocate for Respondent No.3 : Mr.V.C.Patil h/f.Mr.U.B.Bondar ...

CORAM :

R.D. DHANUKA & SUNIL K. KOTWAL, JJ.

DATE:

5th October, 2017 PER COURT :- 1) Learned counsel for respondent No.3 tenders copy of the order dated 27.9.2017.

2) After issuing notice upon the respondent No.3, the respondent No.3 has proposed to comply with the order passed by this Court on 11.1.2017. However, in the letter dated 27.9.2017 addressed by respondent No.3 to the learned counsel representing him, respondent No.3 has not disclosed as to when he would comply with the order dated 11.1.2017 passed by this Court.

3) Learned counsel for respondent No.3 states that within eight weeks from today, the order passed by this Court will be complied with, without fail.

{2} CP 481 of 2017 4) Statement made by the learned counsel is taken on record as an undertaking to this Court. In view of the undertaking rendered by the learned counsel for respondent No.3, we do not propose to take any action against respondent No.3 under the provisions of The Contempt of Courts Act, 1971. It is however, made clear that if the undertaking rendered to this Court is not complied with by respondent No.3, this Court would initiate action under the provisions of the Contempt of Courts Act, 1971, against respondent No.3 for violation of the order dated 11.1.2017 as well as of the order passed today. 5) The respondent No.2 to act on authenticated copy of this Order. 6) Contempt Petition is disposed of in the aforesaid terms. No orders as to costs.

(SUNIL K. KOTWAL, J) (R.D. DHANUKA, J) spt