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Bombay High CourtCAN/95/2016dispossed offdismiss for default

Smt. Kalindi Shantilal Dhamgaye v. Shri. Ratanlal Ramteke, President, Mahatma Jyotiba Fule Shikshan Mandal, Bhandara And Another

2016-10-01Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.N. NO 95/16 IN CONTEMPT PETITION NO. 128/13 IN WRIT PETITION NO. 3709 OF 2012.

(Smt. Kalindi w/o Shantilal Dhamgaye .vs. Shri Ratanlal Sukhram Ramteke) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. P.N. Shende, Advocate for petitioner, Mr. S.S. Tambulkar, Advocate for respondent /applicant. CORAM : B.R. GAVAI & V.M. DESHPANDE, JJ.

DATED : OCTOBER 1, 2016.

This Court vide order dated 29.8.2016 had issued nonbailable warrant to the respondent no.1 warranting his presence in this Court on 14.9.2016 since the respondent failed to appear in spite of being served with the bailable warrant. Mr. S.S. Tambulkar, learned Advocate for respondent, has filed an application for cancellation of the warrant. An affidavit is filed therein specifically undertaking that the respondent shall pay an amount of Rs. One Lakh within a period of one month before this Court.

We are not inclined to grant time of one month. We grant time to the respondent to deposit the amount on or prior to 25.10.2016. The non-bailable warrant issued shall remain suspended till then.

S.O. to 26.10.2016 for compliance.

Needless to state that on the said date the respondent shall personally remain present in this Court so that in the event

he fails to make the payment, he can directly be taken into custody.

Judge Judge J.

C E R T I F I C A T E "I certify that this Order uploaded is a true and correct copy of original signed Order".

Uploaded by : Ki. Jeswani, Uploaded on : 3.10.2016.