Abhipriya Abhimanyu Ibite vs Sangita B. Chavan
2024 Latest Caselaw 24878 Bom

Bombay High Court

Abhipriya Abhimanyu Ibite vs Sangita B. Chavan on 27 August, 2024

Author: Vibha Kankanwadi

Bench: Vibha Kankanwadi

                                                     937-cp-690-2024.odt




     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD


            937 CONT. PETITION NO.690 OF 2024
                    IN WP/4272/2023

                 ABHIPRIYA ABHIMANYU IBITE
                          VERSUS
                     SANGITA B. CHAVAN

                                ...
Mr. G. K. Chinchole, Advocate for the Petitioner.
Mr. M. K. Goyanka, AGP for Respondent - State.
                                ...

                     CORAM      :   SMT. VIBHA KANKANWADI &
                                    ABHAY S. WAGHWASE, JJ.

                       DATE    :    27 AUGUST, 2024.

ORDER :

-

. Learned AGP upon instructions submits that yesterday the

judgment has been pronounced. He places on record the copy of

the judgment. The first and the foremost observation by this

Court is that the two copies which are submitted are carrying

difference. In one copy, on the first page, the date is handwritten

i.e. 26 is handwritten and in another it is typed. Learned AGP

has his own explanation to give as regards this difference.

However, we are not convinced with the same. On the last

occasion i.e. on 22.08.2024, we have observed that in the present

petition it is alleged that the contempt is of the order passed by

937-cp-690-2024.odt

this Court on 13.04.2023. Thereafter, in the present contempt

petition, when the matter was on board on 05.08.2024, again a

statement was made that if the petitioner appears before the

Committee tomorrow, then the decision will be given within a

week. The said order dated 05.08.2024 was also not obeyed.

Then on 22.08.2024 again learned AGP made statement that due

to transfer of two of the officers, the order was not passed, but

then statement was made that the hearing would be conducted

on the next day and the order would be passed on Saturday, but

in fact, the order has been passed on 26.08.2024, i.e. on Monday.

So, there is three consecutive prima facie contempts. Now, it

appears that the decision is against the petitioner and, therefore,

the petitioner will have to take separate action, however, we are of

the firm opinion that merely by giving the decision, the petition

has not come to an end and, therefore, still this Court can take

action against the respondent for not obeying its order.

2. Leave is granted to the petitioner to add the other two

members of the Committee as respondents. Amendment to be

carried out immediately. After the amendment is carried out,

since we have already come to a conclusion that prima facie there

is evidence about the contempt of the orders passed by this

937-cp-690-2024.odt

Court, issue notice to the respondents under the Contempt of

Courts Act in the Format prescribed, to be made returnable on

13.09.2024.

[ ABHAY S. WAGHWASE ]          [ SMT. VIBHA KANKANWADI ]
       JUDGE                             JUDGE


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