MAHENDRA RAMANLAL THAKKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By our order dtd. 28/6/2023, we had issued notice under Rule 5 of the Contempt of Courts (Bombay High Court) Rules, 1994, to the Respondents/Contemners, who are named in the title of the present proceedings, to show cause as to why they should not be punished for intentionally/willfully disobeying the order dated 2 nd March 2022 in respect of which the present petitions are filed and the subsequent orders dtd. 25/1/2023, 7/6/2023 and 21/6/2023 passed by this Court on the present proceedings. It was also observed that disobedience of the subsequent orders would, in fact, show that the Respondents are in aggravated contempt of the orders passed by this Court. Despite such a serious orders being passed, no reply to the show cause notices have been filed by any of the Contemnors. On such backdrop, when the proceedings were listed before us on 23/8/2023, observing as to what had transpired earlier, we had passed the following order adjourning the proceedings for today at 2.30 p.m. :

(2.) Accordingly, when the proceedings are called out, it is quite shocking to learn from Mr. Patel, the learned AGP, that despite names of the contemners having clearly set out in the title of the proceedings, Respondent No.1 - Siddharth Bhandare has refused to remain present on the ground that he is transferred. Similar is the position in respect of Respondent No.2 - Mr. Jayant Salunkhe, Respondent No.4- Mr. Sachin Kale and Respondent No.5- Mr. Assen Gupta. The only contemnor, who is present, is Mr. Ajay More, Additional Collector, Pune District. There cannot be disobedience of the orders to such an extent when the previous orders were crystal clear to what they intended and, most significantly in respect of such serious proceedings as fairly conceded by Mr. Patel.

(3.) In the above circumstances and only as a matter of indulgence so as to enable the Contemnors to remain present before this Court, we adjourn the proceedings for tomorrow (31/8/2023) at 10.30 a.m. "First on Board".