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Bombay High CourtCP/255/2024disposed off

Col Naveen Nand Keswani v. Giridhar Armane

2024-08-02Hon'Ble Shri Justice Avinash G. Gharote2 pages

28-CP-255-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 255 OF 2024 Col Naveen Nand Keswani

...Petitioner

Versus

Giridhar Armane & Ors.

...Respondents

....

Mr. Satendra Kumar, for the Petitioner.

Mr. Kedar B. Dighe for the Respondent 'A' Panel counsel - UOI. ....

CORAM

:

AVINASH G. GHAROTE, J.

DATE :

2nd AUGUST, 2024 P.C.

:

1.

Heard Mr. Satendra Kumar, learned counsel for the petitioner.

2.

The petition alleges the contempt of order passed by the Armed Forces Tribunal in Transferred Application No.1 of 2022 (Page-19) dated 21.11.2022. The learned counsel for the petitioner submits that proceedings for execution of this order has already been initiated before the Armed Forces Tribunal which is pending, however in spite of which, since the order is not being complied with, the jurisdiction of this Court under Section 10 of the Contempt of Courts act is being involved. Upon query being by SAJAKALI LIYAKAT JAMADAR Date:

2024.08.02 17:22:44 +0530 Sajakali Jamadar SAJAKALI LIYAKAT JAMADAR

28-CP-255-2024.doc made, learned counsel for the petitioner is unable to demonstrate that the Armed Forces Tribunal is a Court within the meaning of Section 10 of the Contempt of Courts Act, in view of which the contempt jurisdiction ought not to be invoked. Even otherwise proceedings are already been initiated by execution of the order of contempt which is alleged, considering which the petition is dismissed. No costs.

(AVINASH G. GHAROTE, J.) Sajakali Jamadar