This contempt court dismissed a Civil Application seeking to add a party, holding that such applications require prima facie evidence of willful disobedience and notice served, which were absent.
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906 CA 1157 23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
906 CIVIL APPLICATION NO. 1157 OF 2023
IN CP/350/2021 IN WP/7671/2019
MANOJKUMAR LALIT DHADIWAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioner : Mr. Hon Ashwin V.
AGP for Respondent No. 1 : Mrs. M.A. Deshpande
Advocate for Respondent No.3 : Mr. Navandar Manish N.
CORAM: MANGESH S. PATIL &
M. M. SATHAYE, JJ.
DATE: 15.03.2023
PER COURT :
The Civil Application has been filed as if it is a normal litigation
wherein a party can be added subsequently when in fact it is a contempt
petition which requires prima facie some material to demonstrate that the
person to be added is equally guilty of contempt as were the earlier
respondents to whom the notices were issued. Except filing the application
there is absolutely no whisper or any document about the order having been
brought to the notice of the person to be added calling upon him to obey the
directions of this Court and his willful disobedience.
2. The Civil Application is rejected.
(M. M. SATHAYE, J.) (MANGESH S. PATIL, J.)
mkd/-
1/1
2 issues framed by the court
Whether a Civil Application can be maintained for admitting a new party in a contempt petition without demonstrating prima facie contempt or service of notice.
Whether the Court requires material evidence showing the proposed party's willful disobedience before allowing addition of a party in contempt proceedings.
Manojkumar Lalit Dhadiwal
The State of Maharashtra
Mangesh S. Patil
M. M. Sathaye
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court