Priya Atul Gonel vs Atul Arun Gonel
2021 Latest Caselaw 4649 Bom

                                                    07-IA-649-2021.odt

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION


                     INTERIM APPLICATION NO. 649 OF 2021
                                     IN
                     CONTEMPT PETITION NO. 507 OF 2018

Priya Atul Gonel                               ... Applicant

IN THE MATTER BETWEEN

Priya Atul Gonel                               ... Petitioner
      Versus
Atul Arun Gonel and Ors.                       ... Respondents.


Mr. S.N. Biradar, for the Applicant.
Mr. R.S. Pawar, AGP for Respondent No.2.


                              CORAM : R. D. DHANUKA &
                                       V. G. BISHT, JJ.

DATE : 12TH MARCH, 2021.

PC:

By this Interim Application, the applicant seeks order and

direction against respondent nos. 2 and 3 to take into custody

respondent no.1 Mr. Atul Arun Gonel immediately and to send him to

Arthur Road Prison for undergoing six months simple imprisonment as

directed by this Court vide order dated 11/10/2019 in Contempt

Petition No. 507 of 2018.

2       Learned counsel for the applicant invited our attention to order

Rekha Patil                                                                 1/3





                                                07-IA-649-2021.odt

dated 19/07/2018 passed by this Court in Civil Application No. 69 of

2018, order dated 11/10/2019 passed by this Court in Contempt

Petition No. 507 of 2018 and would submit that though this Court by

judgment dated 11/10/2019 had directed that respondent no.1 is

sentenced to undergo six months simple imprisonment in Civil Prison

and be taken into custody and be sent to Arthur Road Prison, the said

order has not been implemented.

3 Learned counsel for the applicant invited our attention to the

order dated 19/05/2020 passed by the Hon'ble Supreme Court in Civil

Appeal No. 9318 of 2019 thereby dismissing the said Civil Appeal filed

by respondent No.1 and upholding the order passed by this Court. The

applicant thereafter applied to the Dighi Police Station, Pune on

23/11/2019 and 23/01/2021 for implementing the order passed by this

court, however, no steps are taken by respondent nos. 2 and 3 to arrest

respondent no.1.

4 The judgment delivered by this Court on 11/10/2019 thereby

directing respondent no.1 be sentenced to undergo simple imprisonment

in Civil Prison for six months and be taken into custody and be sent to

Arthur Road Prison has attained finality. Respondent Nos. 2 and 3 are

bound to comply with the judgment delivered by this Court.

Rekha Patil                                                            2/3





                                                   07-IA-649-2021.odt

5       Learned counsel for the applicant states that respondent no.1 has

been staying at the address shown in the cause title of the Interim

Application. A photograph of respondent no.1 is also annexed to the

application. Statements made in the application are accepted.

6 Interim Application is accordingly made absolute in terms of

prayer clause (A). No order as to costs.

7 Respondent nos. 2 and 3 shall comply with this order within one

week from today.

8 Place the matter on board for reporting compliance on 22 nd March,

2021.

9 Parties to act on copy of this order duly authenticated by the

Sheristedar of this Court.

           (V. G. BISHT, J.)                 ( R. D. DHANUKA, J.)




Rekha Patil                                                               3/3