LAWS(BOM)-2023-9-347

AJAY UDDHAV NARHE Vs. UTTAM PATIL

Decided On September 06, 2023
Ajay Uddhav Narhe Appellant
V/S
Uttam Patil Respondents

JUDGEMENT

(1.) These Contempt proceedings are before us on the backdrop of our orders dtd. 31/8/2023, in which we had held the contemnors guilty of having committed contempt of the orders passed by this Court. We had also sentenced the contemnors to be detained in the civil prison for one month. However, later on (at 03.00 p.m.) after the said orders were pronounced and before they were made available to the parties, an application was moved on behalf of the contemnors that the formal show cause notices were not received by the contemnors. Considering such plea as advanced on behalf of the contemnors by Dr. Sathe, learned Senior Counsel for the contemnors, we however observed that it was not possible to accept such contentions and more particularly for reasons which we had recorded in the order passed on the contempt proceedings, and even today which we continue to believe and maintain the same, in the facts and circumstances, as they stand today. Be that as it may, we had categorically observed that as such plea was being taken by the contemnors, although after final orders were passed on the contempt proceedings, we would not mind giving the contemnors another chance to respond to this contempt petition and justify their conduct in respect of each and every order passed by this Court, of which they were held to be guilty of disobedience. We, accordingly, granted an opportunity to the contemnors to place on record their respective affidavits, by adjourning the proceedings for today at 2.30 p.m. The relevant observations as contained in paragraphs 25 to 29 of our order dtd. 31/8/2023 are required to be noted, which read thus:-

(2.) On the above conspectus, today the contemnors are before the Court with their respective affidavits placed on record.

(3.) At the outset, Dr. Birendra Saraf, learned Advocate General appearing for the State has submitted that there is no intention whatsoever on the part of the contemnors to justify their actions amounting to disobedience of the orders passed by this Court and subject matter of our detailed observations in the order dtd. 31/8/2023. He submits that the contemnors tender their unconditional apology which is bonafide, heartfelt and full of penitence. He states that the contemnors would never repeat such conduct in discharge of their official duties. It is Dr. Saraf's submission that although earlier, the orders as passed by this Court were not complied, however now they stand fully complied, in view of the decision taken by the State Government on 29/8/2023. It is hence his submission that the unconditional apology of the contemnors be accepted and the contempt proceedings be dropped.