1 conp2.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL CONTEMPT PETITION NO. 2 OF 2010 IN CRIMINAL APPLICATION NO.3 OF 2010 IN CRIMINAL WRIT PETITION NO.85 OF 2005 Mr. Sunil Narendranath More & ors. ....Petitioners. Vs. Mr. Pradeep Vakil & Anr. ....Respondents Mr.N.D.Desai, Petitioner No.2 in person. Mr. Kiran Kulkarni, advocate for Respondent Nos. 1 to /company. Mr. P.A.Pol, PP for State. Mr.R.A.Shaikh, Advocate for petitioners in Cri. WP 1163/08. Ms. Mona Malhotra, advocate for the applicant in Cri. Appln. No.107/10, 108/10and 139/10. CORAM:- A.M.KHANWILKAR AND P.D.KODE, JJ. DATED:- OCTOBER 6, 2010. P.C. 1. These proceedings are initiated by the Petitioners on the assertion that the Respondents/contemnors have made reckless allegations against Judge of this Court in their transfer application filed before the Chief Justice of this court 2 conp2.10 dated 24th September, 2008, in particular, in paragraph-7 thereof. Notice has been issued by this Court. However, during the pendency of these proceedings, the Petitioners have settled all their disputes with the Respondents/contemnors and therefore, want to withdraw the present petition. 2. We are in agreement with the submission of the learned Public Prosecutor that merely because the Petitioners have decided to withdraw the proceedings, should be no basis to permit such course of action. The cause relating to contempt of court is essentially between the contemnors and the Court. Accordingly, we have considered the contents of paragraph-7 of the transfer application. Considering the fact that the Respondents/contemnors entertained apprehension on the basis of inferences deduced by them that they may not get fair justice and thus made representation before the Chief Justice; coupled with the fact that subsequently the matter in fact proceeded before another bench, as per the changed assignment. Further, the Respondents through Counsel have tendered unconditional apology and also withdraw all the assertions made in the said application. We accept their unconditional apology and the request for withdrawal of the stated allegation. Taking overall view of the matter, therefore, we do not think it necessary to precipitate the matter any further. However, we clarify that this does not mean that we are putting our seal of approval on the 3 conp2.10 allegations made in paragraph-7 made by the Respondents/contemnors. Petition disposed of accordingly. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)