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Bombay High CourtCP/180/2015dispossed offdismiss for default

Shri Rajesh Nashiket Dongre v. Smt. Kamlabai Badule, President New Grand Education Society, Nagpur And Another

2016-02-04Hon'Ble Shri Justice Z.A. Haq2 pages

1 cp180.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO.180/2015 Shri Rajesh Nashiket Dongre ..Versus..

Smt. Kamlabai Badule 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 : 4.2.2016 None appears for the petitioner. Heard Shri A.S. Dhore, advocate for the respondents.

The respondents have filed submissions supported by solemn affirmation pointing out that the order passed by the School Tribunal in Appeal No.STN-3/2014 on 18th April, 2015 of which disobedience is alleged by the petitioner, is challenged by the respondents in Writ Petition No.4480/2015. It is submitted that the writ petition was filed before the filing of the present contempt petition. It is further stated that the order passed by the School Tribunal has been stayed by this Court by an order passed in Writ Petition 4480/2015. In the above circumstances, in my view, jurisdiction under the provisions of Contempt of Courts Act, 1971 is not required to be

2 cp180.15 exercised. The notice of contempt issued to respondents is discharged. The contempt petition is disposed of accordingly. In the circumstances, the parties to bear their own costs. JUDGE Tambaskar.