The High Court disposed of a Contempt Appeal filed against an interim order. Noting that the contempt petition which was the cause of action was subsequently dismissed, the Court held that the cause of action for the appeal did not survive and allowed withdrawal of the deposit.
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1 18.04.cpl.3.14.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CONTEMPT APPEAL NO. 3/2014 IN
WRIT PETITION NO.5311/2013(d)
( Shri Gunwant s/o Wamanrao Tumsare vs. Smt.Rita w/o Harilal Sahu )
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders
Mr. S.P.Bhandarkar, Adv. for appellant Mr. V.V.Bhangde ,Advocate for respondent
CORAM : SMT. VASANTI A. NAIK & A.M. BADAR, JJ.
DATED : 18th April, 2015.
Heard .
By this Contempt Appeal, the appellant has challenged the interim order dated 4th April, 2014 in Contempt Petition No. 260/2012, giving an opportunity to the appellant to purge the contempt by first depositing a sum of Rs. 1,00,000/- in the Court and by taking appropriate steps for obtaining sanction for the development that is already done.
It is brought to the notice of this Court, by the learned counsel for the appellant, that by an order dated 17th March 2015, both the Contempt Petitions filed by the respondent are dismissed. It is stated that in view of the dismissal of Contempt Petition No.260/2012, the cause for filing this Contempt Appeal would not survive.
2 18.04.cpl.3.14.
On a reading of the order dated 17th March 2015 by which the Contempt Petition No.260/2013 was dismissed, it appears that the cause for filing the Contempt Appeal would not survive. In the circumstances, the appellant would be entitled to withdraw the amount of Rs.1,00,000/- deposited by the appellant in this Court. With the aforesaid observation, the Contempt Appeal is disposed of, with no order as to costs.
JUDGEJUDGE
sahare
Gunwant s/o Wamanrao Tumsare
Rita w/o Harilal Sahu
Vasanti A. Naik
A.M. Badar
As recorded by the court registry
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