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Bombay High CourtIA/9734/2024disposed off

M. H. Patel v. City And Industrial Development Corporation And ORS

2025-08-26Hon'Ble Ms. Justice Gauri Godse3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6969 OF 2023 WITH INTERIM APPLICATION NO. 9734 OF 2024 INTERIM APPLICATION (ST) NO. 23978 OF 2024 Mr. Manubhai Hargovandas Patel ...

Petitioner Vs.

City and Industrial Development ...

Respondents Corporation of Maharashtra and Others Mr. Manubhai H. Patel - Petitioner in person. Mr. Sarthak Diwan a/w. Mr. Aditya Ghadge i/b. Mr. Ashutosh Kulkarni for Respondent No. 1 - CIDCO.

CORAM : GAURI GODSE, J.

DATE :

26th AUGUST 2025 ORDER :

1.

The party in person has tendered copy of an application stating that this court should recuse from the matter as he does not have faith in this court. There is no reason for me to recuse from the matter. Hence, I refused to accept the request of the petitioner. The petitioner therefore, submits that he will file an application for transfer of this matter to another court.

by RAJESHWARI RAMESH PILLAI Date:

2025.09.02 04:24:19 +0200 RAJESHWARI RAMESH PILLAI 1/3

2.

Considering the order dated 19th June 2025, and in view of the seriousness of the matter, I refused to adjourn the matter. Hence, the petitioner seeks leave to take back the application for recusal and also seeks to withdraw his statement that he wants to file an application for transfer. 3.

The petitioner, thereafter, submits that he has filed an application for taking an action of perjury. He submits that it is settled law that if an application for perjury is filed, it has to be decided before hearing the contempt notice. He therefore seeks time to place on record copy of the judgment of this Court to support his submissions.

4.

In view of the aforesaid submissions made on behalf of the petitioner, the application dated 26th August 2025 for recusal tendered by him is returned to the petitioner. The petitioner is permitted to withdraw his request for recusal and his statement is accepted that he does not want to apply for transfer.

5.

It is clarified that by the last order this court has called upon the petitioner to explain as to why contempt action including action of criminal contempt should not be initiated against him. In view of the same, the petitioner has already 2/3

filed an affidavit in reply. Hence, on the next date the issue as to whether contempt action is necessary shall be decided after hearing the petitioner.

6.

To enable the petitioner to place on record the copies of the judgments which he wishes to rely, list the petition on 30th September 2025. To be listed under the caption for "Directions".

[GAURI GODSE, J.] 3/3