Bombay High Court
Sharad Bapuraoji Deshmukh vs Sunil Manoharrao Deshmukh And 14 ... on 26 February, 2021
Bench: A.S. Chandurkar, Pushpa V. Ganediwala
218-J-CPL-3-06 1/5
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CONTEMPT APPEAL NO.3 OF 2006
IN
CONTEMPT PETITION NO.5 OF 2005
IN
WRIT PETITION NO.2280 OF 2003 (D)
Sharad s/o Bapuraoji Deshmukh
aged about 50 years, resident of
Vaishali Nagar, Sewagram Road,
Wardha Tahsil and Dist. Wardha ... Appellant
-vs-
1. Sunil s/o Manoharrao Deshmukh,
aged 41 years, resident c/o N. M. Jagtap,
State Bank Colony, Bachelor Road, Wardha
Tahsil and District Wardha
2. The Yeshwant Education Society,
Ramnagar, Wardha, Thr. Its President
Vishwasraoji Dashrath Wadafale
3. Vishwasrao Dashrath Wadafale,
President, The Yeshwant Education Society,
Wardha, Opposite Nagar Parishad,
Hospital Road, Wardha,
Tahsil and District Wardha
4. Gunwant Janardhan Wakade,
Vice-President, The Yeshwant Education
Society Wardha, Guru Colony,
East Station Wardha, Tahsil and District Wardha
5. Manohar Ramchandrarao Nishane,
Secretary, The Yeshwant Education
Society Wardha, Kejaji Chowk, Wardha
Tahsil and District Wardha
6. Narendra Gopaldas Thute,
Joint Secretary, The Yeshwant Education
Society, Gurukul Colony,
Near East Station, Wardha,
Tahsil and District Wardha
218-J-CPL-3-06 2/5
7. Madhukar Bapuraoji Bobhate,
Treasurer, The Yeshwant Education
Society Wardha, Gond Plot, Opposite
Sukhakarta Medical, Wardha,
Tahsil and District Wardha
8. Ashok Bhauraoji Zoting,
Director, The Yeshwant Education
Society, Pradhyapak Colony, Nandori Road,
Hinganghat, Tahsil Hinganghat, District Wardha
9. Madhukar Mahadeorao Ladhi,
Director, The Yeshwant Education
Society, Yeshwant Adhyapak Vidyalaya,
Ramnagar, Wardha, Tahsil and District Wardha
10. Narayan Shamraoji Satarkar,
Director, The Yeshwant Education
Society Pradhyapak Colony, Nandori Road,
Hinganghat, Tahsil Hinganghat, District Wardha
11. Pramod Jagannathrao Dhange,
Director, The Yeshwant Education
Society, Bhamtipura, Wardha,
Tahsil and District Wardha
12. Vasant Pandharinath Khadse,
Director, The Yeshwant Education
Society, Behind Bidkar College, Hinganghat
Tahsil Hinganghat, District Wardha
13. Vithal Tulsiramji Kambalkar,
Director, The Yeshwant Education
Society, Behind Ramnagar, Somnathe
Layout, Wardha, Tahsil and District Wardha
14. Suchita Bhanudasji Kanhalkar,
Director, The Yeshwant Education
Society, c.o Yeshwant Adhyapak Vidyalay,
Ramnagar, Wardha, Tahsil and District Wardha
15. Mohan Y. Mohadure,
Principal, The Yeshwant Junior College of
Education, Ramnagar, Wardha ... Respondents
218-J-CPL-3-06 3/5
Shri J. S. Mokadam, Advocate for appellant.
Shri S. V. Sohoni, Advocate for respondent No.1.
CORAM : A. S. CHANDURKAR AND PUSHPA V. GANEDIWALA, JJ.
DATE : February 26, 2021
ORAL JUDGMENT : (Per A. S. Chandurkar, J.)
In writ petition No.2280/2003 this Court by order dated
26/02/2004 had directed the Management to pay arrears of salary to
the petitioners in the writ petition. Since that direction was not
complied with, the original petitioners filed Contempt Petition
No.5/2005. In the contempt petition the petitioners impleaded 16
respondents. On 08/02/2005 the Court issued notice only to the
respondent Nos.2 and 3 in the contempt petition. The present appellant
was arrayed as respondent No.8 in the said contempt petition.
Thereafter on 08/07/2005 the Court proceeded to direct attachment of
personal properties of the respondents in the contempt petition. The
appellant-respondent No.8 in the said contempt petition has challenged
the aforesaid order on the ground that the appellant was not noticed in
the contempt petition and hence there was no occasion to direct
attachment of his personal properties.
2. Shri J. Mokadam, learned counsel for the appellant submits
that since the Court had not issued any notice in the contempt petition
to the present appellant there was no occasion for the petitioner to take
218-J-CPL-3-06 4/5
steps to comply with the directions issued earlier. He submits that in
the contempt petition notice was issued only to the President and Vice
President of the Education Society. In absence of any such notice to
the appellant, the property of the appellant could not have been
attached.
3. Shri S. V. Sohoni, learned counsel for the respondent No.1-
original petitioner submits that the appellant was one of the
respondents in the contempt petition and it was his duty to comply with
the directions issued in the writ petition. Though the Court did not
issue notice to the appellant his property was rightly attached as the
said order remained to be implemented.
4. On perusal of the records of Contempt Petition No.5/2005 it
is clear that the Court on 08/02/2005 issued notice only to respondent
Nos.2 and 3 in the contempt petition. It is undisputed that the
appellant is respondent No.8 in the contempt petition. In absence of
any such notice the appellant did not have an opportunity to appear in
the contempt petition and take further steps to contest the same. It is
informed that the said contempt petition is still pending in view of the
interim order passed in the present appeal. Since no notice was issued
to the present appellant and he was not heard before the drastic order
218-J-CPL-3-06 5/5
dated 08/07/2005 attaching the private properties of the respondents
came to be passed, the said order only to the extent of the present
appellant is liable to be set aside.
5. Accordingly we direct that the order dated 08/07/2005
passed in Contempt Petition No.05/2005 shall not operate against the
present appellant it having been passed without noticing him.
Contempt Appeal No.3/2006 is accordingly allowed. It is made clear
that we have not examined the correctness of the order dated
08/07/2005 to the extent the properties of the original respondent
Nos.2 and 3 have been attached. It is open for the respondent Nos.1-
contempt petitioner to pursue the contempt petition before the learned
Single Judge against the present appellants in accordance with law.
All points are kept open.
JUDGE JUDGE
Digitally signed
by Asmita
Asmita Bhandakkar
Bhandakkar Date: 2021.03.03
15:16:37 +0530
Asmita
