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Bombay High CourtCAN/8/2025ca disposed off

Ashok Harichandra Satpute v. Vishnupant Baburao Kimmatkar

2025-02-05Hon'Ble Shri Justice Nitin B. Suryawanshi,Hon'Ble Shri Justice Pravin S. Patil2 pages

1 can 08.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAN) NO. 8/2025 IN CONTEMPT APPEAL NO. 2/2023 (Ashok s/o Harichandra Satpute Vs. Vishnupant Baburao Kimmatkar) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. P. Mane, Advocate h/f Mr. D. Chande, Advocate for applicant.

Mr. S.W. Sambre, Advocate for respondent (applicant). CORAM: NITIN B. SURYAWANSHI AND PRAVIN S. PATIL, JJ.

DATED : 05/02/2025.

Heard.

2.

This application is filed seeking cancellation of bailable warrant issued vide order dated 08.01.2025. It is stated in the application that non-appearance of respondent/applicant before this Court was not deliberate, but it was on account of ailment suffered by him. Medical certificate is placed on record. The applicant has tendered unconditional apology for his non-appearance and he has also undertaken to regularly appear before this Court either personally or through his counsel.

3.

Learned counsel for appellant strenuously opposed the application stating that applicant has deliberately remained absent, in spite of service.

2 can 08.25 4.

For the reasons stated in the application, same is allowed in terms of prayer clause (A).

5.

Application stands disposed of in above terms. CONTEMPT APPEAL NO. 2/2023 1.

Stand over to 07.04.2025.

( PRAVIN S. PATIL , J.) ( NITIN B. SURYAWANSHI , J.) Gohane