1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CONTEMPT PETITION NO. 349 OF 2007 CONTEMPT PETITION NO. 349 OF 2007 CONTEMPT PETITION NO. 349 OF 2007 IN WRIT PETITION NO. 8745 OF 2005 Bharatiya Kala Prasarini Sabha .. Petitioner Vs. A.H.Shingane, Asst.Charity Commissioner, Pune. .. Respondent Mr.Ajay Patil,Advocate, a/w Mr. N.P.Shimpi, Advocate, for the petitioner. Mr. D.A.Patil,AGP, for the respondent. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE : 6th February, 2008. DATE : 6th February, 2008. DATE : 6th February, 2008. P.C. P.C. P.C. 1. Heard learned Counsel for the parties. Read the affidavit in reply filed by Mr. Anil Shingne, Assistant 2 Charity Commissioner, Pune Region, Pune,. 2. By an order dated 21.12.2005 passed by this Court in Writ Petition No.8745 of 2005, this Court had directed the Assistant Charity Commissioner, Pune, to dispose of MCA Nos. 46 of 2005 and 61 of 2005 on or before 31.3.2006. It is contended by the petitioner that the said order has not been complied with by the Assistant Charity Commissioner and hence has committed contempt of this Court. The reply reveals that after receipt of the order, before the Assistant Charity Commissioner, both the parties, one after another, made applications for adjournments. On 21.3.2006, the Assistant Charity Commissioner passed an order directing the present petitioner to lead oral evidence on affidavit. That order was challenged by opposite party Rajiv Bhoite by filing Writ Petition No.2161 of 2006 and in that Writ Petition, the proceedings before the Assistant Charity Commissioner came to be stayed. That stay was vacated on 23.8.2006. After the present Assistant Charity Commissioner joined the said office also there were number of applications for adjournment from both the sides and sometimes adjournments were taken by the parties by consent. 3 3. Taking into consideration the circumstances stated in the reply, I find that delay has not been intentional on the part of the Assistant Charity Commissioner and therefore no contempt of the Court is committed. Anyhow, the order passed by this court on 21.12.2005 is yet to be fully complied with. It will be necessary to give direction to the Assistant Charity Commissioner to dispose of the said matters within specified time. 4. The Contempt Petition stands disposed of. However, the Assistant Charity Commissioner, Pune, is directed to dispose of the said matters i.e. MCA No.46/2005 and MCA No.61/2005 within three months from this date. He shall not give any adjournment to any of the parties unless it is absolutely necessary. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)