S H MISHRA Vs. K V R MURTHY

JUDGEMENT

(1.) Mr.S.N. Shelat, learned senior advocate appearing with Mr.Mukund M. Desai for the petitioners places on record an affidavit of Shri S.H. Mishra (Dr.) and also affidavit on behalf of M.S. University affirmed by Shri S.H. Mishra, (Dr.)-Dean (Technology). Learned senior advocate invited attention of the Court to the averments made in the affidavit, which contains an apology tendered by the deponent.

(2.) Learned advocate Mr.Ramnandan Singh for respondent no.1 requested that if the information sought for by para 4 of order of the Tribunal dated 21st June 2010 can be asked to be furnished by the deponent. The learned senior advocate for the petitioners submitted that though according to the respondents that information is supplied, but without joining an issue on that, the original opponents will supply afresh the information sought for in paras 4(1) to 4(7) of order dated 21st June 2010. Taking into consideration the affidavit and the apology tendered, the observations made by the Tribunal in order dated 16th July 2010 in paras 4 and 7, which pertain to the learned advocate appearing before the Tribunal are hereby expunged.

(3.) With this the matter is remitted to the Tribunal for proceeding the same on merits in accordance with law, after two weeks. Before that the information sought by order dated 21st June 2010 will be furnished. Notice issued for contempt is hereby quashed and set aside. The petition is disposed of. Rule is made absolute in the aforesaid terms. No order as to cost.