S. J. Gaikwad, Judge vs Anil Gulabrai Gidwani And Anr
2023 Latest Caselaw 11617 Bom

            Digitally
            signed by
            SHAGUFTA
SHAGUFTA    QUTBUDDIN
QUTBUDDIN   PATHAN
PATHAN      Date:                                          904 & 905SMCP-3-2017 & Ref-2-2018.doc
            2023.11.10
            11:14:10
            +0530

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION

                             SUO MOTU CONTEMPT PETITION NO. 3 OF 2017
                                               IN
                                 NOTICE OF MOTION NO. 328 OF 2014


                   High Court on its own motion, through
                   Prothonotary & Senior Master                         ...Petitioner
                        Versus
                   Anil Gidwani & Ors.                                  ...Respondents

                                                   WITH
                                      CRIMINAL REFERENCE NO. 2 OF 2018


                   S. J. Gaikwad, Judge                                          ...Petitioner
                         Versus
                   Anil Gulabrai Gidwani & Anr.                                  ...Respondents


                   Mr. Birendra Saraf, Advocate General a/w Ms. Jyoti Chavan, A.G.P,
                   Mr. Sukanta Karmakar, A.G.P for the Respondent No.2-State in
                   SMCP/3/2017

                   Mr. A.R. Patil, A.P.P a/w Ms. P. P. Shinde for the Respondent No.2-
                   State in Cri.Ref./2/2018

                   Mr. Anil G. Gidwani, Respondent No. 1 is present in-person


                                                    CORAM : REVATI MOHITE DERE &
                                                            GAURI GODSE, JJ.

THURSDAY, 9th NOVEMBER 2023

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P.C :

1 On 31st October 2023, we passed the following

order :

"1 The matters were fixed today at 4:00 p.m. for final hearing and accordingly were taken up for hearing at 4:00 p.m and heard till 6:00 p.m. We have heard Mr. Gidwani for little over an hour. We have also heard the learned Advocate General.

2 Though during the course of the arguments, Mr. Gidwani asked for an adjournment and submitted that he was not aware that the matter would be taken up for final disposal, the same is contrary to the letter dated 30 th October 2023, addressed by Mr. Gidwani to the Hon'ble the Chief Justice, copies of which were marked to the Registrar General, Justice Revati Mohite Dere and Justice Gauri Godse.

3 In the said letter, Mr. Gidwani has stated that there is no progress in the matter due to lack of interest by the Court; that he had gone on a hunger fast in order to ensure quick disposal of the contempt petition; that the Court was labelling these matters as non-serious; that there was wastage of citizen's time due to judicial attitudinal shortcoming; that there was denial of his rights as a Hindu;

that there was a request for this High Court to comply with its own order. It is further mentioned on page 3 at the bottom that if the Bombay High Court is not interested in

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prosecuting these two petitions, the High Court should admit its mistake in filing these contempt petitions and close them as soon as possible and thereby dispose them of. It is also mentioned that the lack of interest is displayed in one of the orders passed by this Court i.e. the matter be placed at the end of the admission board for `final hearing', obviously intending, that it would not reach. Mr. Gidwani has also annexed an article from a Livelaw News Network - 'Litigants Become Disillusioned' : Supreme Court Expresses Anguish At Long Pendency of Civil Cases; Issues Directions For Speedy Disposals. The entire letter along with its attachments, is placed on record.

4 The said letter is contrary to what is urged by Mr. Gidwani today that he was not prepared, and was unaware that the matters were to be heard finally. We may note here that Mr. Gidwani has filed his written arguments, running into 318 pages, in which he has deliberated on the relevant provisions and various judgments passed by the Courts in support of his submission in the petition. Hence, we do not think it appropriate to adjourn the matter on the ground that he is not prepared, as the same is contrary to what was urged by Mr. Gidwani on the earlier dates, when we were required to adjourn the matters for the reasons set out in the earlier orders and having regard to the letter addressed to the Chief Justice of the Bombay High Court, with a copy of the letter served yesterday in the Chambers of Justice Revati Mohite Dere.

5 Mr. Gidwani addressed us on all points and relied to a great extent, on his written arguments. He also submitted that he would not make long submissions, as other lawyers do, and that he would keep his submissions brief and to the point. Infact, we have sat beyond the court

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working hours i.e. beyond 4:30 p.m. till 6:00 p.m. to hear the aforesaid matters, so that, Mr. Gidwani and the learned Advocate General could be heard finally in the said cases, since the matters were kept specifically for final hearing today at 4:00 p.m.

6 Closed for orders.

7 Since we have closed the matters for orders, we requested Mr. Gidwani to give his telephone number, so that, he can be contacted two days prior to the date of pronouncement of the order. Accordingly, Mr. Gidwani has handed over his telephone number to the Court Associate and the said number written by Mr. Gidwani in his own handwriting is taken on record."

2 After the aforesaid matters were closed for orders,

Mr. Anil G. Gidwani, respondent No. 1, who appears in-person,

addressed a letter dated 8 th November 2023, seeking more time to

argue his matters. In the said letter, he has stated that he did not

expect that the hearing would be taken up on the very same day

and would go on beyond Court hours i.e. beyond 4:30 p.m, till

6:00 p.m; that he did not get a fair chance to argue the matters

and that he felt pressurised to complete his arguments, despite

not being prepared and despite not having material with him. He

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has further stated that because he was not given adequate time,

injustice would be caused to him.

3 Having regard to the said letter, to obviate his

grievances, we listed the matters today under the caption `for

directions'. When asked, Mr. Gidwani states that he would like

to argue for an hour. Accordingly, the matters are fixed

tomorrow at 12 noon for final disposal.

4 Needless to state that all the contentions of Mr.

Gidwani, including his contention for framing of charge and

summoning of Judges as witnesses, will be considered finally.

5 Stand over to tomorrow i.e. 10th November 2023. To

be listed at 12:00 p.m. under the caption `for final disposal'.

            GAURI GODSE, J.                            REVATI MOHITE DERE, J.


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