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Bombay High CourtCA/354/2021application allowed

Sachin Ramesh Salve v. The State Of Maharashtra Thr The Secretary Home And Prison Department Mantralaya Mumbai And ORS

2022-07-01Hon'Ble Shri Justice Mangesh S. Patil2 pages

905-CP-354-2021 IN CP-405-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.354 OF 2021 IN CP/405/2020 SACHIN RAMESH SALVE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY HOME AND PRISON DEPARTMENT, MANTRALAYA, MUMBAI AND ORS. . . .

Advocate for Applicant : Mr. G. K. Naik Thigle AGP for Respondents - State : Mr. K. B. Jadhavar . . .

CORAM : MANGESH S. PATIL, J.

DATED : 01 JULY 2022 PER COURT :

This is an application for restoration of Contempt Petition No.405 of 2020, which is dismissed with following order :- "1.

None present for the petitioner.

2.

By order dated 26.10.2020, this Court has recorded the absence of the counsel for the petitioner. Learned GP, on instructions, submits that the order has already been complied with. If the order is complied with and since the counsel representing the petitioner is absent, the contempt petition is hereby rejected."

2.

Learned advocate for the applicant/petitioner submits that in fact there was no compliance as was submitted before the court by the learned Government Pleader and the petition could not have been rejected. 1/2

905-CP-354-2021 IN CP-405-2020.odt 3.

Keeping open the issue, the application is allowed. The contempt petition is restored.

4.

List the contempt petition on board on 25-07-2022. ( MANGESH S. PATIL, J.) Tandale/- 2/2