The Court held that certain reliefs cannot be granted under the Contents of Courts Act. Finding no case made out for the remaining relief, the Petitioner was invited to withdraw the petition, which was subsequently done and the petition disposed of as withdrawn.
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.
1 902.conp-76-11
I N THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
jmi
CONTEMPT PETITION NO. 76 OF 2011 IN NOTICE OF MOTION NO. 2996 OF 2011
IN
SUIT NO. 2511 OF 2011.
Tulsidas Nair. ..Plaintiff. vs. Satnarayan Choudhary & Ors. ..Defendants.
Mr. Holmagi, i/b. J.D. Khairnar, for Plaintiff. Mr. G.W. Mattos, AGP, for Defendant Nos. 1 to 6.
CORAM : S.J. KATHAWALLA, J. DATE : 23RD DECEMBER 2011.
P.C. :
After hearing the Learned Advocates at some length, I have pointed out Mr. Holmagi, the Learned Advocate appearing for the Petitioner that the reliefs sought by way of prayer clauses (a), (b) and (c) cannot be granted by this Court in exercise of its jurisdiction under the Contempt of Courts Act, 1971. As far as prayer clause (d) is concerned, I am not satisfied that a case of contempt has been made out. Mr. Holmagi therefore seeks to withdraw the Contempt Petition. Since this is the first stage of the Contempt Petition that is the stage prior to issue of the show cause notice to the alleged contemnors, the Contempt Petition is disposed of as withdrawn.
[ S.J. KATHAWALLA, J. ]
2 issues framed by the court
Whether the reliefs sought in the prayer clauses can be granted under the Contempt of Courts Act.
Whether a case of contempt has been made out at the stage prior to issuing a show cause notice.
Tulsidas Nair
Satnarayan Choudhary
S.J. Kathawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
