Bombay High CourtCAN/114/2018admittedallwdgrantedrule absolute

Hariprasad Deochand Namdeo v. Shri Vikram Kahar, Depot Manager, Madhya Pradesh Road Transport Corporation, Nagpur

2018-11-21Hon'Ble Shri Justice Z.A. Haq2 pages

1 cp254.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAN) NO.114 OF 2018 AND CONTEMPT PETITION NO.254 OF 2018 IN WRIT PETITION NO.2258 OF 2014 (HARIPRASAD DEOCHAND NAMDEO, GHAIRAVGANJ MP...VS.. VIKRAM KAHAR, DEPOT MANAGER, M.P.R.T.C..) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.M. Sharma, Advocate for Petitioner.

Shri S.G.Zinjarde, Advocate for Respondent.

CORAM : Z.A.HAQ, J.

DATED : NOVEMBER 21, 2018.

CIVIL APPLN.NO.114/2018.

Though explanation given by the respondent is not satisfactory, considering the facts of the case, the respondent is permitted to deposit the amount as stated in the application. The amount shall be deposited within one week. The civil application is allowed accordingly. C.P.NO.254/2018.

The learned advocate for the petitioner submits that the respondent is wilfully disobeying the order passed by the subordinate Court and maintained by this Court. It is further submitted that inspite of grant of opportunity the respondent has not deposited the entire amount and the amount which is sought to be deposited as per the prayer made in Civil Application No.114 of 2018 is not the entire amount for which the petitioner is entitled.

2 cp254.18 Considering the facts of the case, prima-facie, I am satisfied that the proceedings under the Contempt of Courts Act, 1971 are required to be initiated against the respondent. RULE.

Issue notice in Form No.I under the Rules to Regulate Proceedings for Contempt under Article 215 of the Constitution of India and the Contempt of Courts Act, 1971 (under Chapter XXXIV of the Bombay High Court Appellate Side Rules, 1960), returnable on 5th December 2018. The respondent shall remain present before this Court on 5th December 2018, even if the report of service of notice is not received by the office of this Court. The respondent is supposed to know this order as he is represented by an advocate.

JUDGE RRaut..