1 17cp119-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CONTEMPT PETITION NO. 119 OF 2011 IN WRIT PETITION NO.9027 OF 2009 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. Sarang Satish Aradhy for the petitioner. Ms. Aparna Vhatkar, AGP for the respondent No. 3. ..... CORAM : A.S.OKA, J. DATE : DECEMBER 14, 2011. P.C.: Heard the learned counsel appearing for the petitioner. He has invited attention of the Court to the statement recorded by the Division Bench in its order dated 18th November, 2009. The said part of the order reads thus: “.... According to affidavit filed by Shri A. M. Bhattalwar, Joint Secretary to the Government, the Petitioner school was granted permission for 8th standard for the academic year 2000-2001, 9th standard 2001-2002 and 10th standard 2002-2003 on permanent non grant basis.” 2 17cp119-11 2. The learned counsel appearing for the petitioner invited attention of the Court to page No.26 of the said contempt petition. He submitted that the said statement recorded in the order is not acted upon by the said respondent. 3. According to the case of the petitioner, civil contempt within the meaning of Section 2(b) of the Contempt of Courts Act, 1971 has been committed. Going by the assertions made in the petition, at the highest it can be said that the statement made on affidavit may not be factually correct. This is not a case of breach of any undertaking given to the Court or breach of any order passed by this Court. If according to the case of the petitioner, the statement made in the affidavit was false, the petitioner will have to adopt appropriate proceedings. 4. Suffice is to say that no case is made out for taking action for civil contempt. The Contempt Petition is disposed of. (A.S.OKA, J.)