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Bombay High CourtSMC/1/2025disposed off

Court On Its Own Motion v. Raju Dharmarao Shikshan Mandal, Rajwada, Aheri, Gadchiroli Thr. Secretary And ANR.

2025-04-22Hon'Ble Shri Justice Nitin W. Sambre , Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

925 sm. cp 1-25.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

SUO MOTU CONTEMPT PETITION NO.1 OF 2025 IN WRIT PETITION NO. 1612 OF 2019 Court on its Own Motion -Vs- Raju Dharmarao Shikshan Mandal Rajwada, and anr. ------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------- Mr.P.D.Meghe, counsel for the original petitioner. Mr.I.J.Damle, AGP for respondent Nos.1 to 4. Mr. Anand Parchure, counsel for respondent No.5 and 6. CORAM: NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATE : 22nd April, 2025.

1.

This Court has taken suo motu cognizance as regards the contemptuous act of the President and Secretary of the Respondent-Society and directed the registration of the proceedings. Accordingly vide order dated 08/01/2025, the notices were duly accepted by the learned counsel appearing for respondent Nos.5 and 6 in the writ petition. 2.

The learned counsel appearing for the original petitioner has invited our attention to the orders of this Court dated 24/03/2025 and 7/04/2025.

3.

Inspite of aforesaid orders, neither the affidavit to the contempt notice is placed on record by the respondents - contemnors nor they are physically present before the Court. On 07/04/2025, a statement is made for and on behalf of the contemnors that the order in relation to the Kavita

925 sm. cp 1-25.odt 2/2 proposal shall be produced before this Court by 22/04/2025.

4.

Leave apart, production of the order in compliance with the order dated 07/04/2025, the contemnors have chosen not to file an affidavit in response to the contempt notice caused by this Court, similarly, contemnors are also not present before the Court.

5.

We have heard Mr.Anand Parchure, learned counsel for some time, however, the reasons given by Mr. Anand Parchure, learned counsel for the contemnors is not at all convincing so as to dispense with their physical presence or that of grant of time to file an affidavit in response to the contempt notice. Failure to file affidavit will entail us to saddle in addition to the earlier costs of Rs.2,00,000/- cost of Rs. 1,00,000/- It is assured by Mr. Anand Parchure, learned counsel that the contemnors shall remain present before this Court along with affidavit by day after tomorrow.

6.

Stand over to 24/04/2025.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 22/04/2025 19:28:02 Kavita