Dr. Pradeep Vinayak Rajderkar v. Dbs Bank Through Manager Credit Cards, Tejender Singh Bungai

2024:BHC-NAG:3828 46 CP-349-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO.349 OF 2023 [Dr. Pradeep Vinayak Rajderkar ..Vs.. DBS Bank] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr M. B. Limaye, Advocate for Petitioner.

Mr S. B. Walekar, Advocate for Respondent.

CORAM : M. W. CHANDWANI, J.

DATE : 28 th MARCH , 202 4 .

.

Heard.

2.

By the interim order dated 30.06.2023, the Consumer Court restrained the respondent from charging of interest amounting to Rs.1,42,763/- till further orders. However, inspite of this order, the petitioner received SMS from respondent to pay the amount.

3.

The contention of the respondent is that due to computer generated system, these messages were received by the petitioner. They have not initiated any recovery proceeding and they have apologized for inadvertently and due to fault of system, these messages were sent to the petitioner. Earlier, two affidavits have been filed on the same ground. However, in recent affidavit, they have specifically mentioned that the instructions are given to the concerned Agency not to send the SMS. The petitioner contended that he would be satisfied if no more messages shall be sent by the respondent. Now, specific assurance has been given that no more email/messages will be sent to the petitioner, till the interim order is in force.

TAMBE

46 CP-349-2023 4.

In view of above technical difficulties and assurance expressed by the respondent, the contempt petition is disposed of.

(JUDGE) TAMBE