The High Court of Bombay disposed of a commercial appeal. It clarified that contempt proceedings against the learned Single Judge would adhere to the Contempt of Courts Act and principles of natural justice before being initiated.
The Appeal and Notice of Motion were disposed of.
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.
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMM APPEAL (L) NO. 285 OF 2018 IN CHAMBER SUMMONS (L) NO. 391 OF 2018 IN COMMERCIAL EXECUTION APPLICATION NO. 37 OF 2018 IN SUIT NO. 133 OF 2016
ALONG WITH
NOTICE OF MOTION (L) NO. 620 OF 2018
Saraswati Education Society and ors. .. Appellants Vs. Piramal Finance Private Limited and anr. .. Respondents
Mr.A.Y.Sakhare, Senior Counsel a/w Mr.P.K.Tripathi, Mr.Virendra Tripathi i/b Mr.C.K. Tripathi, for the Appellants.
Dr.Birendra Saraf a/w Mr.Gaurav Mehta, Ms.Snehal, Ms.Maithili Vagal i/b Dhaval Vussonji & Associates, for Respondent No.1.
CORAM : NARESH H.PATIL &
G.S.KULKARNI JJ. DATE : 26th JUNE 2018
P.C. :
. We have heard learned Senior Counsel Shri Sakhare
and learned Counsel Shri Saraf. Perused the relevant orders
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passed by the learned Single Judge including an order passed on
22/06/2018. Paragraphs 1 & 2 of the said order read as under:
submits that the appellants have serious apprehension that they may face adverse order under the contempt proceedings on the date of appearance i.e. 27/06/2018. Learned Counsel Shri Saraf submits that needless to mention that in case the Court decides to resort to such proceedings under the Contempt of Courts Act, principles of natural justice would be followed and there is nothing in the order to suggest contrary.
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forms an opinion to initiate proceedings under the Contempt of Courts Act, it is needless to mention that the necessary procedure enunciated under the Act and principles of natural justice would be followed.
(G.S.KULKARNI, J.) (NARESH H.PATIL, J.)
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Saraswati Education Society and ors.
Piramal Finance Private Limited and anr.
NARESH H.PATIL
G.S.KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
