dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE CRIMINAL JURISDICTION SIDE CRIMINAL JURISDICTION SIDE CRIMINAL JURISDICTION CRI. CRI. CRI. SUO MOTU CONTEMPT PETITION NO. 4 OF 2007 SUO MOTU CONTEMPT PETITION NO. 4 OF 2007 SUO MOTU CONTEMPT PETITION NO. 4 OF 2007 High Court on its own motion Petitioner vs. Waman Laxman Thukrul Respondent Mrs.P.H.Kantharia, APP for the State. CORAM CORAM CORAM : BILAL NAZKI & : BILAL NAZKI & : BILAL NAZKI & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATED DATED DATED : 14th January, 2009. : 14th January, 2009. : 14th January, 2009. P.C. P.C. P.C. While disposing of Writ Petition No.8647/2004 against the order of the Court below rejecting application seeking condonation of delay for filing an appeal, the learned Single Judge of this Court directed initiation of contempt proceedings against the respondents by his order dated 27.10.2004. The contempt was initiated as the learned Judge found that certain assertions made in the memo of appeal before the lower Court were contemptuous. 2. Nobody appears for the contemnor. 3. We have perused the record and heard the learned APP. We feel that whatever has been stated in the memo of the petition, was with the intention of putting forth before the Court a case that the contemnor was not aware that his case had been decided ( 2 ) exparte. He perhaps wanted to impress upon the Court that an order came to be passed against him exparte because of the alleged negligence of his Advocate. In any case, after a show cause notice was given, the respondents have filed unconditional apology and have also stated that they would be ready to delete the sentences from the memo of Appeal which the Court had thought were contemptuous. In this view of the matter, we feel that this is a fit case where the apology can be accepted and the rule is discharged. 4. Accordingly, rule is discharged. Apology is accepted. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) (BILAL (BILAL (BILAL NAZKI, J.) NAZKI, J.) NAZKI, J.)