Vinodini N. Kothari vs Divyatirth Co-Operative Housing ...
2002 Latest Caselaw 364 Bom

JUDGMENT

J.G. Chitre, J.

1. Heard Shri Kini for the petitioner. Perused the material which is placed before this Court for justifying his prayer for pulling the respondents for the alleged contempt. If the litigant wants to make the allegation that his adversary has flouted the orders of the Court and, therefore, prays that he should be pulled for Contempt of the Court, he is obliged to point out that inspite of a clear order of the Court, such an adversary flouted that order. In addition to that he has to make out a case that such disobedience was intentional. Thirdly, he has to make out a case that while doing so the intention of such an adversary was to lower down the dignity and authority of the Court. If all these things are brought on record to the satisfaction of the Court, the Court may think of considering his prayer favourably by reminding itself that the action in context with Contempt of Courts Act is not to be taken for paltry and unmeaningful disobedience of the order of the Court which is not coupled with malicious intention shown by such person indicative of notorious intention behind it. While dealing with such prayers courts are always aware of the fact that the action is to be taken in such matters for maintaining a disciplined, unobstructed, flawless course of administration of justice. The present petitioner has not taken care of bringing his case within the spectrum indicated by this order. Thus, this Court does not find any necessity of upholding the prayer of this petitioner. Dismissed.