1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 35 OF 2009 IN WRIT PETITION NO. 342 OF 2008 Standard Chartered Bank and Ors .. Petitioners Vs State of Maharashtra & Ors .. Respondents Mr. P.K. Rele, Sr. Advocate with Mr. R.P. Rele, Mr. Vinod Tayade with Mr. Piyush Shah for the Petitioners Ms Lata Desai with Ms Pallavi Divekar for Respondent Nos. 2 and 3 CORAM : DR. D.Y. CHANDRACHUD, J DATE : 13th APRIL, 2009. P.C.: 1. On 14.02.2008, in Writ Petition No. 342 of 2008, a Division Bench of this Court passed an ad interim order in terms of prayer clauses (i) and (j) of the Petition which read as under: “(i) that pending the hearing and final disposal of the Petition, this Hon'ble Court may be pleased to restrain Respondent Nos. 4 & 5 from taking any further action or proceedings in pursuance of the said Show Cause Notice dated 29.10.2007 Exhibit “D” hereto and / or the said Rma CONPW2409130409.sxw 2 Criminal Complaint No. 5206/SS of 2007, Exhibit “E” hereto.” “(j) That pending the hearing and final disposal of the Petition, this Hon'ble Court may be pleased to restrain Respondent Nos. 3 to 5 from relying upon the impugned order dated 19.06.2006 Exhibit “H” hereto and from taking any penal and / or coercive actions against the Petitioner and / or its officers.” 2. On 10.04.2007, the complaint has been filed by the Inspector of the Security Guards Board before the Additional Chief Metropolitan Magistrate, 38th Court at Ballard Estate for offences under Clause 42 read with clause 25(2) of the Private Security Guards (Regulation of Employment and Welfare) Scheme 2002. 3. In a fresh Writ Petition filed by the Petitioner, a Division Bench of this Court, by an order dated 01.12.2008 granted ad- interim relief in terms of prayer clauses (c) and (d) which read Rma CONPW2409130409.sxw 3 thus : “(c) that pending the hearing and final disposal of the Petition, the proceeding before the Additional Chief Metropolitan Magistrate's 38th Court being Criminal Complaint No. 653/SS of 2007 be stayed; (d) that pending the hearing and final disposal of the Petition, the bailable warrant issued by the Additional Chief Magistrate's 28th Court in Criminal Complaint No. 653/SS of 2007 on4th November, 2008 against Mr. Neeraj Swaroop and Mr. Jaspal Bindra be stayed.” 4. A grievance that has been made in the Contempt Proceeding which has now been instituted that a fresh complaint, CC No. 248/SS of 2008 has been instituted before the Additional Chief Metropolitan Magistrate by the Inspector in breach of the order of injunction. The learned counsel appearing on behalf of the 2nd and 3rd Respondents however, has drawn the attention of the Court to the fact that the complaint was lodged on 29.01.2008 prior to the directions that were issued by the Division Bench on 14.02.2008. The institution of the complaint was Rma CONPW2409130409.sxw 4 clearly before the order of the Division Bench. Be that as it may, in view of the ad-interim order dated 14.02.2008, the learned counsel appearing on behalf the of 2nd and 3rd Respondents has stated that the aforesaid Respondents shall not take any further action or proceedings in pursuance of the Notice to Show Cause dated 29.11.2007 or in Criminal Complaint CC 248/SS of 2008 and shall place a copy of the orders passed by the Division Bench on 14.02.2008 and 01.12.2008 before the Additional Chief Metropolitan Magistrate's 38th Court at Ballard Estate. In view of the statement which has been made, no further direction is sought or is necessary in the Contempt Petition which is accordingly disposed of. (DR. D.Y. CHANDRACHUD, J) Rma CONPW2409130409.sxw 5 Rma CONPW2409130409.sxw