-: 1 :- srp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION S.C.CONTEMPT PETITON NO. 2 OF 2010 IN CIVIL APPLICATION NO. 1246 OF 2008 IN WRIT PETITION NO. 8815 OF 2007 High Court on its own motion. ..Petitioner. v/s. P. M. Kankar, Advocate High Court & Notary. ..Respondent. Mr. S. N. Gawade, APP. Mr. P. M. Khankar- respondent - in person. Coram : D. B. BHOSALE & R. V. MORE, JJ. Date : April 21, 2010. P. C. : 1. Heard learned counsel for the parties. 2. This sou motu contempt action has been initiated against the respondent–contemnor, a practicing advocate in this Court, in pursuance of the order dated 10th September 2008, passed by the learned Single Judge (Coram: V. C.Daga,J.) in Civil Application No. 1246 of 2008 in Writ Petition No. 8815 of 2007. 3. It appears that in the course of hearing of Civil Application No. 1246 of 2008, learned counsel appearing for the Hindustan Co-operative Bank Ltd brought to the notice of learned Single Judge the letter dated 15th May 2008 written by the contemnor – P. M. Khankar and submitted that no such order -: 2 :- as reproduced in the letter dated 15th May 2008 was passed by this Court (Coram: K. U. Chandiwal, J.). He further submitted that Mr. Khankar fabricated and manufactured the said order and communicated it to the Bank on his letter head and under his signature and therefore in view of the mis- representation they were forced to accept the draft of Rs.50,000/- enclosed with the letter of Mr. Khankar. 4. The order passed by this Court in Civil Application (stamp) No. 12556 of 2008 reads thus : “Heard Mr. P. M. Khankar, advocate, for applicant. The applicant undertakes to deposit an amount of Rs.50,000/- to the respondent – the Hindustand Co-operative Bank Limited by 15 th May, 2008 and to further deposit an amount of Rs. 50,000/- by 21 st May 2008. At his instance, after such deposit keep the matter for hearing on 22 nd May 2008.” 5. The letter dated 15th May 2008 written by the respondent – contemnor reads thus : “I am concerned for my client Ananda Nivrutti Mohite. I have to inform you that I had moved the above petition for urgent order before His Lordship the vacation Mr. Justice K. U. Chandiwal on 14-05-2008. On 14-05-2008 His Lordship was pleased to pass following order. “Heard Advocate for the petitioner. -: 3 :- Petitioner to deposit Rs.50,000/- by 15-05-2008 and Rs.50,000/- on or before 21-05-2008 and petition is posted for hearing on 22-05-2008.” Pursuant to the above order I am sending D.D.No. 610238 dated 15-05-2008 for Rs.50,000/- drawn on Indian Overseas Bank Branch Fort Mumbai to you same may be accepted and send the receipt for the same to me or to my client.” 6. We have perused the order quoted in the letter so also the order passed by this Court on 14th May 2008. From perusal of the order quoted in the letter and the order passed by this court, it is clear that the applicant in Civil Application (St) No. 12556 of 2008 had undertaken to deposit an amount of Rs.50,000/- to the Bank on or before 15th May 2008 and to further deposit an amount of Rs.50,000/- by 21st May 2008. Insofar as the amount and the dates mentioned in the order quoted by Mr.Khankar in his letter dated 15th May 2008 are concerned, there is no error or distortion, and, therefore, the contemnor has stated on affidavit that he has not distorted or misrepresented the order passed by this Court. He submitted that when the order dated 14th May 2008 was passed he was present in the Court and he noted down the contents of the order and since the authenticated copy of the order was not made available, he informed the same vide his letter dated 15th May 2008 so as to enable his client to comply with the order dated 14th May 2008. We have perused the affidavits filed by the contemnor. Having regard to the facts -: 4 :- mentioned above and considering that the order communicated by the contemnor to the bank was not distorted, as tried to be contended by the bank, we are inclined to accept the unconditional apology tendered by the contemnor. Order accordingly. Contempt proceedings are accordingly dropped. (R.V. MORE, J.) (D.B.BHOSALE, J.)