Citation : 2021 Latest Caselaw 8016 Bom
Judgement Date : 17 June, 2021
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
Contempt Petition No. 5 of 2021
IN
Writ Petition No. 5846 of 2017
Mohammad Aamir S/o Abdul Kadar Vs. Miss Vidyut Varkhedkar
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. Firdos Mirza, Advocate for the petitioner
Mr. N.R. Patil, AGP for the respondent
CORAM : MANISH PITALE, J.
DATED : JUNE 17, 2021
Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.
2. By order dated 08/06/2021, this Court had granted a short adjournment for the respondent / alleged contemnor to place on record a proper affidavit to explain as to why the orders of this Court were not being complied with particularly with regard to issuance of transit passes to the petitioner. The affidavit was supposed to be filed by 16/06/2021 and the Petition was directed to be listed today for further hearing.
3. Today when the Petition is called out for hearing, it is found that an additional affidavit as
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expected from the respondent / alleged contemnor is not placed on record and instead an application has been moved through the learned A.G.P. for grant of time of three weeks to file an additional affidavit.
4. The aforesaid application is strongly opposed by the learned counsel appearing for the petitioner submitting that the respondent is deliberately and wilfully showing disrespect to the directions of this court.
5. This Court has heard Mr. N.R.Patil, learned A.G.P. The respondent / alleged contemnor is present in the Court in terms of the directions given in the order dated 08/06/2021.
6. An attempt was sought to be made by the learned A.G.P. to contend that there was some confusion due to alleged contradictory orders in connected matters, as a result of which transit passes could not be issued to the petitioner. This Court is unable to appreciate such contentions in the present proceedings, which are simply for compliance with and showing respect to the judgment and order dated 14/02/2018, passed by this Court. It is an admitted position that the said judgment of this Court has attained finality as no challenge was raised there- against.
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7. In these circumstances, the respondent / alleged contemnor is expected to take necessary steps in the matter and to file an affidavit of compliance.
8. Said affidavit be filed on or before 21st June, 2021.
9. List this Petition for further consideration on 22nd June, 2021.
10. The respondent / alleged contemnor shall remain present in the Court on the said date of listing.
JUDGE MP Deshpande
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