hvn IN THE HIGH COURT OF JUDICUATURE AT MUMBAI APPELLATE CIVIL SIDE CONTEMPT PETITION NO. 255 OF 2009 IN PUBLIC INTEREST LITIGATION NO. 150 OF 2006 Kishin M. Relwani ... Petitioner Versus B.B. Modgil and Ors. ... Respondent Mr. J.S. Chandnani for Petitioner. Mr. Vijay D. Patil for R. No. 3A, 4, 5 and 9. Mr. A.N. Samant for R. Nos. 1 and 2. Mr. D.J. Khambata, Addl. Solicitor General with Mr. Suresh Kumar Jain for R. No. 1. Mr. Kuldeep S. Patil for R. No. 12. Mr. P.I. Khemani, A.G.P. For R. No. 10. CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : FEBRUARY 18, 2010 P.C. Shri. B.B. Modgil, General Manager, Central Railway has filed an undertaking and tendered his unconditional apology. We are also informed that the bridge has been constructed. Considering that the apology is sincere and further that the bridge has been constructed, as also in view of the further affidavit of Shri. Modgil dated 29.1.2010 showing compliance, notice of contempt discharged. Similarly, Shri. Hemandrakumar Malviya Respondent No. 2 to whom notice also has been served has filed affidavit of compliance. Similarly earlier Mr. Bhageshkumar who was then second contemnor in Para 5 has tendered his unconditional apology in the affidavit affirmed on 9.10.2009. Considering that apology is genuine and sincere and subsequent compliance, notice in respect of Respondent No. 2 also discharged. Similarly Mr. Ashok Narayan Bageshwar Respondent No. 3 and Commissioner of Respondent No. 9 has also filed his affidavit dated 25.8.2009 tendering his unconditional apology. We find that the apology tendered is sincere and there has been compliance. In the light of that notice issued to Respondent Nos. 3 and 9 also discharged. In so far as Respondent Nos. 6, 7, 8, 10 and 12 are concerned, no notice was issued. Contempt petition disposed of accordingly. (J.H. BHATIA,J.) (F.I. REBELLO,J.)