: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5 OF 2009 IN CRIMINAL APPLICATION NO.4 OF 2009 IN CONTEMPT PETITION NO.13 OF 2005 Dr. S.C. Amike .. Applicant v/s. Dr. Dashrath D. Kekare & Anr. .. Respondents ........ Mr. V.P. Sawant i/by Mr. P.M. Jadhav for applicant. Mrs. M.M. Deshmukh, APP for State. ........ CORAM : B.H. MARLAPALLE & R.Y.GANOO, JJ. Dated : 23rd November, 2009. P.C. : 1. Heard Mr. Sawant with Mr. Jadhav, the learned counsel for the applicant. 2. The applicant had filed Criminal Contempt No.13 of 2005 and it came to be dismissed by the clarificatory order dated 18th September, 2009. The Division Bench referred to its earlier order dated 3rd August, : 2 : 2009 and corrected the 2nd paragraph of the said order, by its subsequent order dated 18th September, 2009, which reads as under. “We have gone through the record. We do not think it necessary to proceed in the matter as the contempt which was alleged to have been committed was in the proceedings pending before the Court. The court had sufficient powers to deal with the matter. The matter is pending in this Court for five years. Therefore, prayers are declined and the petition is dismissed accordingly.” 3. It is, therefore, clear that Criminal Contempt Petition No.13 of 2008 was dismissed on merits and to challenge the said order, the applicant’s remedy lies somewhere else and not by way of an application for recalling of the said order. 4. Hence, the application is rejected. [R.Y.GANOO, J.] [B.H. MARLAPALLE, J.]