The High Court of Judicature at Bombay disposed of a contempt petition filed against a Corporation. The Court held that the nature of the impugned order did not support using a contempt petition as a remedy for grievances and dismissed the case.
The contempt petition was dismissed.
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.
Vidya Digitally signedby Vidya S.Amin S.Amin Date:2021.03.2318:04:26+0530
5.CP52_2018.docx
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. 52 OF 2018
IN
WRIT PETITION NO. 8753 OF 2014
Jaywant D. Bhosale & Ors.... Petitioners
vs.
Kunal Kumar, The Commissioner & Ors. ... Respondents
Mr. T.D. Deshmukh for the petitioners.
Ms. Madhavi Ayappan i/b. Talekar & Associates for respondent nos. 2
and 3.
Mr. B.V. Samant, AGP for respondent no. 5-State.
CORAM :-SUNIL P. DESHMUKH &
G. S. KULKARNI, JJ.
DATE :-MARCH 23, 2021
PC :
1.In paragraph 2 of the order dated 15th November, 2016 of this
Court, it has been observed thus:
“2.Without expressing any opinion on the contentions raised by
the petitioner and the stand adopted by the Corporation, we observe
that respondent Corporation would take appropriate steps strictly in
accordance with law.”
2.While the petitioners purports to allege contempt, a reply has
been filed by respondent-Corporation, referring to that appropriate
steps are being taken. Looking at the nature of the order, it does not
appear that a contempt petition can be made use of as a remedial
measure for grievances of the petitioners.
3. Contempt Petition disposed of as dismissed.
(G. S. KULKARNI, J.) (SUNIL P. DESHMUKH, J.)
1/1
1 issue framed by the court
Whether the contempt petition can be utilized as a remedial measure for grievances of the petitioners.
Jaywant D. Bhosale & Ors.
Kunal Kumar
The Commissioner
Sunil P. Deshmukh
G. S. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court