(Per : HONOURABLE MR.JUSTICE A.M.KAPADIA) By instant Application under Article 215 of the Constitution of India, the Petitioner has prayed to to treat this petition as information to take suo motu action under Article 215 of the Constitution of India against the Respondent for making baseless, contemptuous and scandalous allegations in Transfer Application No.50 of 2009 against the Principal Senior Civil Juge, Godhra, who was seized with the hearing of Regular Civil Suit No.40 of 1967 at the relevant time.
This Court vide order dated 10.5.2010 issued notice to the Respondent making it returnable on 24.6.2010 and thereafter, the matter was adjourned from time to time and on all the adjourned dates, the Respondent alleged contemnor remained present before the Court.
Today also, when the matter is called out, the Respondent - alleged contemnor is present before the Court. He has filed an affidavit wherein he has tendered unconditional apology. It is inter alia stated in the said affidavit that he crave leave to withdraw all uncalled for and unwarranted averments made in Civil Misc. Application No. 50 of 2009, preferred seeking transfer of proceedings, against which the petitioner has raised objections. He therefore reiterated and tendered an unconditional apology if unknowingly and unintentionally any mistake and / or error has been committed in the pleadings as the same was completely bonafide without any intention to commit act of disrepute and contempt of the Hon'ble Court of law.
We have considered the submissions advanced by the learned advocates appearing for the parties. We have also perused the averments made in the application as well as reply affidavit filed by the Respondent the alleged contemnor.
Upon perusal of the reply affidavit, we have noticed that the Respondent the alleged contemnor has tendered an unconditional apology and he also withdraws all the uncalled for and unwarranted averments made in Civil Misc. Application No.50 of 2009, there is no reason for this Court not to accept the unconditional apology tendered by the Respondent the alleged contemnor. Therefore, we accept the unconditional apology tendered by the Respondent as stated above and propose to drop the proceedings.
Seen in the above context, this Application stands disposed of since the Respondent alleged contemnor has tendered unconditional apology. Notice is discharged.
While parting, we want the Respondent to be more careful in future, if occasion arises to appear before the Court in any litigation or any proceedings, by not making any baseless allegations which would disrepute the majesty of the Court, and maintain dignity of the Court.
(A.M.Kapadia,J) (J.C.Upadhyaya,J) Jayanti* Top