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Bombay High CourtCP/26/2015disposed of

Reserve Bank Of India, Through Its Asst.Gm, Devendra Kumar Dubey., v. The Mapusa Urban Co-Operative Bank Of Goa, Through Its Gm, Salvador Pinto And 2 ORS.,

2018-08-23Hon'Ble Shri Justice N. M. Jamdar,Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

1 CP26-15dt 23-08-2018 IN THE HIGH COURT OF BOMBAY AT GOA CONTEMPT PETITION NO.26 OF 2015 IN WRIT PETITION NO.580 OF 2015 Reserve Bank of India ...

Petitioner

Versus

The Mapusa Urban Co-operative Bank of Goa & Ors.

.... Respondents Mr. Nitin Sardessai, Senior Advocate with Mr. G. Panandiker, Advocate for the Petitioner.

Mr. S. G. Desai, Senior Advocate with Mr. P. Rao and Mr. Pavithran A.V., Advocates for the Respondents.

Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ.

Date : 23 August 2018.

P.C. :

The Contempt Petition is taken out by the Respondent No.1 in the original petition alleging the contempt of the order passed by this Court on 16 September 2015. According to the Petitioner, the Respondent No.1-original Petitioner has breached various conditions laid down by this Court in the order dated 16 September 2015.

2 CP26-15dt 23-08-2018 2.

The affidavit on behalf of the Chairman of Respondent No.1-Bank is tendered by Mr. Desai, the learned Senior Advocate today in the Court. At the outset, Mr. Desai states that the Respondent-Bank through the Chairman has tendered an unconditional apology. He states that the Chairman is present in the Court. Mr. Desai states that certain circumstances arose which have been narrated in the affidavit in reply. He states that the remedial action was taken on the same date by the Respondent-Bank. Mr. Desai prays that actions be condoned. Mr. Desai states that the Respondent-Bank has also withdrawn the main writ petition unconditionally today.

3.

Mr. Sardessai, the learned Senior Advocate for the Petitioner-Reserve Bank of India has left the matter to the Court. In any case being a contempt proceeding, it is a matter between the Court and the Respondents.

4.

Considering the totality of the circumstances, more particularly the unconditional withdrawal of the writ petition, the remedial action taken and the unconditional apology tendered, we do not find it is necessary to proceed with the matter in the contempt jurisdiction any further.

3 CP26-15dt 23-08-2018 5.

Accepting the unconditional apology, the Contempt Petition is disposed of.

Prithviraj K. Chavan, J. N.M. Jamdar, J.