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Bombay High CourtCP/130/2015dismissedrule discharged

Switi D/O Deorao Punkar v. Shri. Rajeev S/O Dattopant Ghatole (Divisional Controller, M.S.R.T.C. Nagpur Divison) And Another

2015-07-20Hon'Ble Shri Justice Z.A. Haq2 pages

1 cp130.15 ` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO.130/2015 IN WRIT PETITION NO.1810/2015 Switi D/o Deorao Punkar ..Versus..

Shri Rajeev s/o Dattopant Ghatole and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 20.7.2015 Heard Shri A.J. Pathak, the learned advocate for the petitioner and Shri R.S. Charpe, the learned advocate for the respondents. The petitioner has alleged disobedience of the interim order passed by this Court in Writ Petition No.1810/2015 on 6th April, 2015 by which this Court directed that the protection granted to the petitioner by the Industrial Court shall continue to operate. The protection granted by the Industrial Court to the petitioner was to the effect that the show cause notice challenged by the petitioner shall not be implemented by the respondents. It is the case of the petitioner that in spite of interim order passed by this Court, the show cause notice is

2 cp130.15 given effect to on 6th April, 2015 at about 7 p.m. In response to the notice issued by this Court, the respondents have filed affidavit. In paragraph no.6 of the affidavit it is stated that the husband of the petitioner had given one letter at about 2.55 p.m. informing about the order passed by this Court, however, said letter was neither on letterhead of the advocate nor it was bearing the rubber stamp of the advocate and the copy of the order passed by this Court was not attached with the said letter. Be that as it may, the Writ Petition No.1810/2015 has been dismissed today. In the facts of the case, I am not inclined to exercise the powers under the Contempt of Courts Act. Notice is discharged. No costs.

JUDGE Tambaskar.