Citation : 2021 Latest Caselaw 3400 Bom
Judgement Date : 23 February, 2021
49.1101.21_IAST.doc
ISM
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION (ST) NO. 1101 OF 2021
IN
MISC. CIVIL APPLICATION (ST) NO. 96884 OF 2020
Sheetal Shah ....Applicant
V/s.
Advocate Ms. Disha Shetty and another .....Respondents
Ms. Sheetal Shah Applicant in person
Ms. Disha Shetty Respondent in person
CORAM : NITIN W. SAMBRE, J.
DATE: FEBRUARY 23, 2021.
P.C.:
Heard.
2] On 19th January 2021, this Court has passed a detailed order
based on submissions of non-applicant wife as she was intending to
approach the Apex Court and also Hon'ble the Chief Justice of this
Court as according to her, husband and his lawyers who are
appearing before this Court have committed contempt of order of
49.1101.21_IAST.doc
Hon'ble Supreme Court. This Court based on the Judgment in the
matter of Manubhai Pragji Vashi Vs. State of Maharashtra and
others1 has already observed that High Court has no power to
punish for contempt of order of the Hon'ble Supreme Court having
regard to provisions of Section 2(b) and 2(c) of the Contempt of
Courts Act. Hence, this Court cannot entertain the Application being
Interim Application No. 1101 of 2021. Same as such is rejected.
3] Before parting with the order on the Interim Application, this
Court is required to place on record the highly objectionable
conduct of the applicant before this Court. Time and again
applicant is making baseless and wild allegations and at times uses
scandalous language against the counsel for the other side so also
staff of this Court including Registrars, Judges and Staff of Lower
Courts. She is in habit of making unwarranted imputation without
any basis and at times disturbed the peace and decorum in the
Court by using intemperate language. Often the allegations in the
nature of fraud, fake Court seals, fake Court notices are repeatedly
used without any basis. Document produced by the applicant on
1 [1996 (2) MhLJ 615]
49.1101.21_IAST.doc
record of this Court with precipae addressed to the Hon'ble Home
Minister reads thus:
"I, Sheetal Shah, request that the latest crimes done against me which includes generation of fake Bombay High Court orders, fake Court seals, fake Court notices and all crimes done against me in the Bombay High Court, Family Court and in the Hon'ble Metropolitan Magistrate's Court be handed over to the Hon'ble Shri. Ashutosh Dumbare who is the Hon'ble Commissioner, SID, Maharashtra.
I also request that the documents that were sent to the Hon'ble DGP's Office on the 19th of August 2020 be handed over to the Hon'ble Commissioner, SID, Shri. Ashutosh Dumbare.
My protection cover be started by the Special Branch as there have been several attempt made upon my life.
I be given temporary pass to enter Mantralaya for 3 months".
4] Initially this Court was of the view that non-applicant wife, a
woman in distress needs counselling, however, the degree of such
indecent behaviour has increased to highest level. She is not
sensitive to the use of words and language during the Court
proceedings. She is also not sensitive to the fact that she does not
occupy any privileges or higher position while conducting the
matter in the Court than that of an ordinary litigant. I am informed
49.1101.21_IAST.doc
by my Court staff particularly my Private Secretary that as and
when matters are listed before this Court, she used threatening
language against the staff particularly Private Secretary to the
Hon'ble Judge. Officials from the Registry are also not spared by the
non-applicant wife including that of Registrars and staff working
under them.
[NITIN W. SAMBRE, J.]
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