Bombay High CourtCP/49/2016dispossed offdismiss for default

Vijay S/O. Pandurang Gawande And Others v. Gumdeo Adkuji Sonawane And Another

2017-11-14Hon'Ble Shri Justice Z.A. Haq2 pages

1 cp49.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CONTEMPT PETITION NO. 49 OF 2016 IN WRIT PETITION NO.3626 OF 2015(P) (VIJAY PANDURANG GAWANDE & OTHS...VS.. GUMDEO ADKUJI SONAWANE & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Chetan Sharma, Advocate for petitioners. Shri A. A. Naik, Advocate for Respondent No.1. Shri N.R.Patil, A.G.P. for Respondent No.2.

CORAM : Z.A.HAQ, J.

DATED : NOVEMBER 14, 2017.

This contempt petition was filed alleging that the respondent No.1 falsely posed himself as the President of Chimur Education Society, without there being any adjudication from any competent Court about his status as President.

The contempt petition was filed when the application filed by the petitioner under Section 72(1) of the Maharashtra Public Trusts Act, 1950 was pending before the District Court. Now, that application is decided by the District Court and the matter is remanded to the Joint Charity Commissioner for fresh consideration. This order passed by the District Court is challenged before this Court in Appeal under Section 72(4) of the Act of 1950 and an interim order is granted by this Court and the order passed by the District Court remanding the matter to the Joint Charity Commissioner is stayed.

2 cp49.16 In my view, because of the subsequent events, the grievance made by the petitioner in this contempt petition is not required to be examined and the proceedings under the Contempt of Courts Act are not required to be initiated against the respondents.

The contempt petition is disposed. In the circumstances, the parties to bear their own costs. JUDGE RRaut..