CONP. 11-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL CONTEMPT PETITION No. 11 OF 2010 Atamprakash Aggarwal & Anr. ... Petitioners Vs. State of Maharashtra & Ors. ... Respondents *** Mr. K. H. Halal a/w Mrunalini V. Panchal i/b K. H. Dalal, for the Petitioners. Mr. Sanjog Parab, for Respondent Nos. 2 to 5. Ms. A. T. Jhavaria, APP, for the Respondent. *** CORAM : V. M. KANADE, A. M. THIPSAY, JJ. DATE : AUGUST 24, 2011 PC: 1. Heard the learned counsel appearing on behalf of the petitioners and the learned counsel representing the contemnors. An unconditional apology has been tendered by the contemnors. A statement was made to this Court that the averments which were made in the appeal memo before the Appellate Bench of the Small Causes Court would be deleted. Accordingly, I am informed by the learned counsel for the contemnors that an application was made and in the CONP. 11-10 - 2 - grounds of appeal the offending ground (s) and (o) and also the other grounds have been deleted. 2. The learned counsel has invited my attention to the order passed by the Appellate Bench of the Small Causes Court dated 15th March, 2011. The learned counsel for the petitioners, however, has filed an additional affidavit to bring certain facts on record. It is submitted that when he has preferred the appeal before the Appellate Bench of the Small Causes Court, appellant did not serve the Shruti Arts Pvt. Ltd., who were respondents in the appeal and a statement was made that they could not trace the whereabouts of Shruti Arts. Pvt. Ltd. It is submitted that, however, in a suit filed in this Court by Shruti Arts Pvt. Ltd., it is transpired that there was correspondence between the respondents and Shruti Arts Pvt. Ltd. which discloses that the statement made before the Appellate Bench is not correct. 3. The learned counsel for the respondent, however, submitted that he is not in a position right now to make any statement about what transpired before the Appellate Bench of the Small Causes Court or about the suit filed by Shruti Arts Pvt. Ltd. in this Court. In our view, in view of an unconditional apology which is tendered by CONP. 11-10 - 3 - the respondents and in view of the fact that the offending aforementioned grounds of the appeal memo being deleted, no further action needs to be taken against the respondent. An unconditional apology tendered by the contemnors, therefore, is accepted. 4. So far as the submissions made by the learned for the petitioners in respect of the non service on Shruti Arts Pvt. Ltd. and the statement made to the Appellate Bench is concerned, the petitioners are at liberty to take such steps, as are available to him, in accordance with law. Rule is discharged. Contempt Petition is, accordingly, disposed of. [ A. M. THIPSAY, J.] [ V. M. KANADE, J.]