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Bombay High CourtCAPL/1/2017disposed offdismissed for default

Dr. Meghnath Satuji Ramteke v. Union Of India Thr Smt Kaveri Banerjee The Director General Of Post And ANR

2018-03-22Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

1 contempt appeal 01.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT APPEAL NO. 01 OF 2017 Dr. Meghnath Satuji Ramteke .. Appellant

Versus

Union of India Through Smt. Kaveri Banerjee the Director General (Post) and another .. Respondents Shri Dr. Meghnath Satuji Ramteke, Party in Person. Shri D. G. Nagode, Standing Counsel for Respondent Nos. 1 and 2.

CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 22ND MARCH, 2018.

FINAL ORDER :

.

The appellant had filed contempt proceedings after the order was passed by the Chief Post Master General, Maharashtra Circle, Mumbai dated 27th February, 2015, wherein claim of the appellant for damages was turned down. On 08th September, 2015, the Division Bench of this Court disposed of Contempt Petition No. 181 of 2015 along with the civil application stating that, in case the appellant is aggrieved by the decision of the Chief Post Master General, it is for the appellant to seek appropriate remedy.

2 contempt appeal 01.17 2.

The remedy of contempt appeal is not available to the appellant, as appeal can be filed against the decision in contempt petition, only if conviction is given by the learned Single Judge of this Court. In the present case the same is not the fact. 3.

The averments made by the appellant in the memo of present contempt appeal with regard to the order of this Court in the earlier contempt petition are absolutely improper, erroneous and cannot be accepted. We are refraining from taking further action against the appellant, considering the fact that, the appellant had appeared in person and may be ignorant of the consequences thereof. The appellant shall refrain himself from making such averments as are made in para No. 5 of the memo of present contempt appeal.

4.

With these observations contempt appeal stands disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/March 18