Asha Singh vs Sunil Barthwal
2024 Latest Caselaw 1307 Bom

Bombay High Court

Asha Singh vs Sunil Barthwal on 18 January, 2024

Author: M.M. Sathaye

Bench: Nitin Jamdar, M.M. Sathaye

Husen                                1    4-5 CP(ST)-22922-CP(ST)-23369 OF 2023.doc


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION
    (SR.No.4) CONTEMPT PETITION (ST) NO. 22922 OF 2023
                           IN
               WRIT PETITION NO. 457 OF 2020
    Anil Kumar Saxena and Anr.                             ...Petitioners
           Versus
    Suni Barthwal and Ors.                                 ...Respondents

    (SR.No.5) CONTEMPT PETITION (ST) NO. 23369 OF 2023
                           IN
               WRIT PETITION NO.249 OF 2020
    Asha Singh and Ors.                                    ...Petitioners
           Versus
    Sunil Barthwal and Ors.                                ...Respondents
                                .......
    Mr.Ramesh Ramamurthy with Saikumar Ramamurthy with Kavita
    Anchan & Seema Sorte and Karthik Pillai, Advocate for Petitioner
    in both Petitions.
    Mr. Sachin B. Chandan, Advocate for Respondent Nos. 2 to 5 in
    CPST/22922/2023.
    Mr. Sachin B. Chandan, AGP for Respondent Nos. 2 & 3 in CPST/
    23369/2023.
                                .......

                                     CORAM : NITIN JAMDAR &
                                             M.M. SATHAYE, JJ.

                                     DATE        : 18 JANUARY 2024
P.C.:
.         The Petitioners made a grievance that the Respondents have

not complied with the order passed by the Division Bench of this Court in WP/249/2020 along with WP/457/2020 dated 30 January

Husen 2 4-5 CP(ST)-22922-CP(ST)-23369 OF 2023.doc

2023. These Petitions were disposed of observing thus.

"7. It is submitted that the judgment and order of this Court in Writ Petition No. 1331 of 2017 is also confirmed by the Apex Court and the SLP filed against the said judgment was dismissed on 23rd August, 2019.

8. In view of that, the present writ petitions are allowed in terms of order dated 17th January, 2019 in Writ Petition No. 1331 of 2017, except petitioner no.13 in Writ Petition No.249 of 2020. The petitioner no.13 in Writ Petition No. 249 of 2020 may make a representation to the respondents/authority and/or file a separate proceeding as permissible under.

9. The writ petitions are disposed of accordingly. No costs".

2. Thus the Division Bench followed its earlier decision dated 17 January 2019 against which the Special Leave Petition was also dismissed. This order dated 30 January 2023 was to be complied with within 2 months. It is almost a year that the order is not complied with. The order dated 30 January 2023 still holds the field. We grant 2 weeks time to the Respondents to take remedial steps, failing which the Court will proceed to examine the matter under contempt jurisdiction.

3. Stand over 8 February 2024.

( M.M. SATHAYE, J.) ( NITIN JAMDAR, J.)