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Bombay High CourtSMC/3/2024disposed off

Court On Its Own Motion v. Kanta Arjundas Bajaj (Respondent No. 1)

2024-04-16Hon'Ble Shri Justice Anil L. Pansare2 pages

1 8-SMC-3-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

SUO MOTU CONTEMPT PETITION (SMC) NO. 03 OF 2024 IN CIVIL APPLICATION (CAS) NO. 202 OF 2024 IN SECOND APPEAL NO. 406 OF 2023 COURT ON IT'S MOTION Vrs.

KANTA D/O ARJUNDAS BAJAJ -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri A. V. Kalraiya, Advocate for respondent-sole. Contemnor - Kanta d/o Arjundas Bajaj present in Court. CORAM: ANIL L. PANSARE, J.

DATE : 16/04/2024.

1.

The learned counsel for the contemnor submits that the contemnor was not aware of the order passed by the trial Court.

2.

To this, learned counsel for the appellant in second appeal herein, who was also the appellant before the First Appellate Court submits that the contemnor in the capacity of respondent before the First Appellate Court appeared through Advocate Shri Kalraiya and contested the appeal. Accordingly, he submits that the contemnor was fully aware of the Judgment passed by the trial Court. 3.

Shri Kalraiya, learned counsel then submits that after dismissal of the appeal, he had informed the contemnor as regards the result of the appeal. He told the contemnor that the appeal has been dismissed. He

2 8-SMC-3-24.odt however, submits that the contemnor was only aware of the result of the appeal, but was not aware of the Judment and Decree passed by the trial Court.

4.

The submissions appear to be strange and therefore, it will be appropriate that these submissions be placed on record under the signature of the contemnor for passing further order.

5.

Stand over to 24/04/2024.

[ANIL L. PANSARE, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 16/04/2024 19:25:39