DAMODAR SADASHIV AGRE Vs. K K PRASAD

JUDGEMENT

(1.) This is an application for restoration of contempt Petition No. 29 of 2004 dismissed by this Court by an order dated 29-6-2004.

(2.) The applicant/petitioner had filed the said contempt petition complaining of non-compliance of the order passed by this Court on 12-6-2003. When the contempt petition came up for hearing on 29-6-2004, none appeared for the petitioner. After considering the material on record and hearing the learned counsel for the respondents, this Court held that there was no wilful disobedience on the part of the respondents/contemners. The Court also observed that in view of the explanation, which has come forward, namely that the order has been complied with, it is not necessary to take any action. The petition was, therefore disposed of.

(3.) By the present application, the applicant contends that his matter was listed at serial No. 6 for admission. The counsel for the applicant was required to appear at the same time in the matters listed before the Division Bench and, therefore, could not attend the Court. He also stated that he was under the impression that the respondents would seek further time to file submissions and, therefore, could not attend the proceeding resulting in its dismissal.