1 (SMCP 12 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION SUO MOTU CONTEMPT PETITION NO.12 OF 2011 High Court on its own Motion ...Petitioner Vs. Mahesh Dhanvantrai Bhatt and Anr. ...Respondents ----- None for the Petitioner Mr. Khan Javed Akhatar for Respondent No.1 Mr. Suresh Shah for Respondent No.2 Mr.J.P. Yagnik -APP for State ----- CORAM: V.M. KANADE, & A.M. THIPSAY, JJ. DATED: 5th September, 2011 P.C. 1. Heard the learned counsel for the Respondents. 2. An application has been made under section 15(2) of the Contempt of Courts Act. It is alleged that in the application which was filed for adjournment, certain allegations of bias were made against the Trial Court and in the said affidavit in paragraph 4 it was stated as under: 2 (SMCP 12 of 2011) “It appears that this Hon'ble Court is acting with bias mind against Defendant No.2 in favour of the Plaintiffs for certain reasons. The conduct of the presiding officer of this Court is not in accordance with known principles of fairness and principles of natural justice. The court wants to hastily complete cross examination of PW1 under light of aforesaid illegal orders.” The Respondent Nos.1 and 2 have filed their affidavits in reply. The learned counsel for the Respondent nos.1 and 2 have submitted that the Respondents have tendered their unconditional apology in their affidavits in reply. They have stated that there was no intention on their part to make any personal allegations against the Learned Trial Judge. 3. Taking into consideration the submissions made by the learned counsel for the Respondents and the affidavits in reply filed by them, the unconditional apology is accepted and the Suo Motu Contempt Petition is disposed of. 3 (SMCP 12 of 2011) 4. The learned counsel appearing on behalf of the Respondent No.1 is permitted to replace the affidavit in reply which is already filed by filing a fresh affidavit in reply. (A.M.THIPSAY J.) (V.M. KANADE J.)