1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL SUO MOTO CONTEMPT PETITION NO. 7 OF 2007 Ramkumar Jalan Public Charitable Trust and Ors. .. ... ... Petitioners. Versus Bansilal M. Wadhwa and Ors. ... ... Respondents. -: ALONG WITH :- CRIMINAL APPLICATION NO. 1 OF 2008 IN CRIMINAL SUO MOTO CONTEMPT PETITION NO. 7 OF 2007 Prabhudas N. Patel & Anr. ... .... Applicants. Versus The State of Maharashtra. ... .... Respondent. Mr. V. T. tulpule i/by Mr. Kapil Dave for the Applicants (Original Respondent Nos.2 and 3). Mr. A. S. Gadkari, APP for the State. CORAM : BILAL NAZKI and A. A. KUMBHAKONI, JJ. DATED : 17TH JULY, 2008. P.C. : These contempt proceedings were initiated by an Application No. 233 of 1999 at the instance of a party to the proceedings filed in this Court. The order by which this Court issued a show cause notice is dated 25th February, 2 1999. 2. Nobody appears for the original applicants, who initiated the contempt action. Learned Advocate appears for the contemnors (orig. respondent Nos.2 and 3) and states that the contemnor (original respondent No.1) has died. The affidavits have been filed by the contemnors (original respondent Nos.2 and 3) in which unconditional apology has been tendered. 3. We otherwise feel that there has not been any deliberate attempt to defy or circumvent any order of this Court. This was a pure mistake that an undertaking had been given by the alleged contemnor (original respondent No.1) who is now dead. 4. In this view of the matter, we discharge the Rule and dismiss the contempt petition. 5. In view of the dismissal of the contempt petition itself, the criminal application does not survive and is, accordingly, dismissed. Bail Bond to stand cancelled and the cash security, if any, given by the applicants be returned to them. Sd/- (BILAL NAZKI, J.) Sd/- (A.A.KUMBHAKONI, J.)