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Judgment
@JUDGEMENTTAG- JUDGEMENT
Milind Ramesh Phadke, J
Office has raised objection that in view of Order 39 Rule 2 (a) CPC, the contempt petition under Section 10 & 12 of the Contempt of Court Act read with Article 215 of the Constitution of India is not maintainable.
It is submitted by counsel for the applicant that in view of provisions of Order 39 Rule 2 (a) of CPC either the applicant may be granted permission to move an application for converting the contempt petition into Miscellaneous Civil Case under Order 39 Rule 2 (a) of CPC or verbal prayer for said purpose may be considered.
Heard counsel for the applicant.
It is the case of applicant that respondents had violated the interim order dated 03.02.2023 passed by the Coordinate Bench of this Court in Review Petition No.1258 of 2022, therefore, even if the application under Order 39 Rule 2 (a) of CPC is filed, it would lie before this Court.
Under the aforesaid circumstances, verbal prayer made on behalf of the applicant is accepted. Office is directed to register this case as Miscellaneous Civil Case or under any permissible category under Order 39 Rule 2 (a) of CPC and list the said case after a week.
With aforesaid observation and direction, the present contempt petition is finally disposed of.