In a contempt petition challenging an order passed by the competent authority, the High Court held that civil contempt was not made out as independent remedies existed. The petition was dismissed as misconceived.
The contempt petition was dismissed as misconceived with no costs.
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.
Sherla V.
cp.293.2019_902.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE
CONTEMPT PETITION NO.293 OF 2019 IN WRIT PETITION NO.887 OF 2013
Shri Chavan Bhimrao Shankar … Petitioner
Vs
Shri Dinesh Waghmare & Ors. … Respondents
Mr.I.M. Khairdi for the Petitioner
Mr.V.M. Mali, AGP, for Respondent – State
CORAM: S.C. DHARMADHIKARI & R. I. CHAGLA, JJ.
DATED: NOVEMBER 28, 2019
dated 17.3.2017, a copy of which is at pages 40 to 43 of the paperbook, we do not think that a case of civil contempt is made out.
or otherwise but by ignoring a specific Government Resolution. Nonetheless, an order in terms of a direction of this Court has been passed. That may be erroneous or illegal but surely when
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cp.293.2019_902.doc
there are independent remedies available to challenge that order, civil contempt is not made out.
(S.C. DHARMADHIKARI, J.)
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3 issues framed by the court
Whether a case of civil contempt is made out in the given circumstances.
Whether the existence of independent remedies precludes a claim of civil contempt.
Whether the contempt petition is misconceived and should be disposed of.
Chavan Bhimrao Shankar
Dinesh Waghmare
S.C. Dharmadhikari
R.I. Chagla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
