1 conpw3-11.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Contempt Petition No. 3 of 2011 in Contempt Petition No.122 of 2007 in Writ Petition No.215 of 2004 Dr.Vimal Garg & Others .. Petitioners v/s. The Asst. Municipal Commissioner, H East Ward ..Respondents Mr.Prathamesh Gokhale for the Petitioner Ms.T.H.Puranik for the BMC CORAM : R.Y.GANOO, J. DATED : 11th February, 2011 P.C. : 1. Heard learned Counsel for the petitioner. The present petitioner along with others had filed Contempt Petition No.122 of 2007 in Writ Petition No.215 of 2004. The said contempt petition was disposed of by Order dated 19.11.2007. The Court passing the said order took a view that no action under the Contempt of Court Act was required to be taken. However, the said court passed the following order : 2 conpw3-11.sxw “ A copy of the order shall be accordingly served personally on the Municipal Commissioner who shall take steps to take appropriate action against any Officer found negligent in the performance of his duties, particularly with a view to ensuring compliance with the time schedule prescribed by the court” 2. Learned Counsel for the petitioner submitted that the Corporation has not complied with this part of the Order and therefore they are in contempt. 3. I have perused the order dated 1911.2007 so far as the grievance put up by the petitioner. The Court has answered it by holding that no action under the Contempt of Court Act is not required to be taken The Court felt that the Commissioner should take an action against the person who can be termed as defaulter. The Court by passing the order as quoted above expected the Commissioner to do the needful as set out in the aforesaid order. In my view, it was a direction of a general nature and not with reference to the facts of this case. In my view, no further action is required to be taken in the matter and this contempt petition need not be admitted. If at all the said court 3 conpw3-11.sxw wanted to specifically know as to what action has been taken by the Commissioner then the said court would have passed an appropriate order calling upon the Commissioner to report to this Court as to what action has been taken pursuant to the Order dated 19.11.2007 and in particular the portion of the order quoted above. For the aforesaid reasons I am of the view that this court need not now proceed further and therefore petition is required to be dismissed at the stage of admission. Hence the Order. ORDER Petition is dismissed. There shall be no order as to costs. [R.Y.GANOO, J.]