Harshavardhan Deorao Nagarkar v. Smt. Sujata W/O Harshavardhan Nagarkar

appr129.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPR) 129 OF 2019 in CRIMINAL REVISION APPLICATION OF 2019 (Harshavardhan Deorao Nagarkar..vs.. Smt. Sujata w/o. Harshvardhan Nagarkar and anr) ------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------ CORAM: ROHIT B. DEO, J.

DATE: 06.09.2021.

None present.

2.

This Application was dismissed earlier in default.

3.

At the request of the applicant, indulgence was shown and the Application was restored.

4.

This Court passed the following order on 5.8.2021.

"1. This application is preferred seeking condonation of delay of 281 days in challenging the order dated 10.04.2018 of learned Judge Family Court, Nagpur and the order dated 28.01.2019 of issuance of arrest warrant for recovery of amount of Rs.2,40,000/-.

2. As of now, the application is clearly in contempt since the judgment is not implemented. Be that as it may, in order to

appr129.19.odt afford an opportunity to the applicant, to demonstrate bonafides, 15 days is granted to clear the entire arrears, due and payable in accordance with the judgment/order impugned and to file an affidavit of compliance.

3. List this matter on 23.08.2021 under the caption "Court open" for reporting compliance". 5.

On 23.8.2021, a statement was made that due to illness, the applicant could not deposit the arrears. 6.

Today, there is no appearance on behalf of the applicant.

7.

The note of the Registry is that there is no record that the arrears of maintenance is cleared. 8.

The Application seeking condonation of delay and the substantive Revision, both are dismissed with cost of Rs. 10,000/-.

9.

If any application for restoration is moved, the Registry shall ensure that the direction to pay cost is complied with.

Judge Belkhede