In this criminal contempt petition, the Bombay High Court dismissed the appeal against a civil court finding of document fabrication. The Court held it was not a fit stage to exercise contempt jurisdiction while the associated appeal remained undecided.
Petition dismissed; respondent to file fresh petition after appeal disposal if legally entitled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
:1:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CRIMINAL CONTEMPT PETITION NO.1 OF2007
P.A.Nathan ..Petitioners.
Vs.
Sanjay R. Shinde
& Ors. ..Respondents.
Mr.M.P.Vashi for the Petitioners.
Mrs.P.H.Kantharia, A.P.P. for the State of
Maharashtra.
CORAM : F.I. REBELLO AND
S.J. VAZIFDAR, JJ.
DATED : 14TH FEBRUARY, 2007
P.C. :
The entire petition is based on a submission
that the Civil Court in a proceeding based on an
evidence brought on record, has come to the
conclusion that the stamp receipts that were issued
were fabricated documents. The matter is in
Appeal.
2. As the matter is in appeal and the findings are
open for consultation, it will not be a fit case at
this stage to exercise the contempt jurisdiction.
Hence the petition is dismissed.
:2:
3. It will be open to the Petitioner after the
Appeal is disposed of, if he is so entitled to in
law to move by way of fresh petition.
4. Contempt Petition accordingly disposed of.
(S.J. VAZIFDAR, J.) (F.I. REBLLO, J.)
3 issues framed by the court
Whether the High Court should exercise its contempt jurisdiction in an appeal where findings are open for consultation.
Whether the petitioner can move a fresh contempt petition after the appeal is disposed of.
Whether a contempt petition based on findings in an appealed civil proceeding relating to fabrication of stamp receipts is maintainable at this stage.
P.A. Nathan
Sanjay R. Shinde
F.I. Rebello
S.J. Vazifdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court