Bombay High Court
The Gen. Board Of The Church Of Nazarene, ... vs Rev. Solomon Smith, Alleged Moderator ... on 16 September, 2019
Author: S.M. Modak
Bench: S. M. Modak
cp.317 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Contempt Petition No.317 of 2015
The General Board of the Church of Nazarene, Mission in India & others
vs.
Rev. Solomon Smith, Alleged Moderator Indian, Canadian Presbyterian Mission,
UCC Mission in India & others
with
Contempt Petition No.318 of 2015
The General Board of the Church of Nazarene, Mission in India & others
vs.
Rev. Solomon Smith, Alleged Moderator Indian, Canadian Presbyterian Mission,
UCC Mission in India & others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
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Shri R.M. Sharma, Advocate for the Petitioners.
Shri S.M. Joshi, Advocate for Respondent No.1.
Shri Rahul Tajne, Advocate for Respondent No.9 in C.P.
No.317/2015 and for Respondent No.5 in C.P. No.318/2015.
CORAM : S.M. MODAK, J.
DATE : 16th SEPTEMBER, 2019.
Heard Shri Sharma, learned Counsel for the petitioners and Shri Joshi, learned Counsel for the contemnor - respondent No.1.
The record shows that on more than one occasion, there was an order to issue non-bailable warrant against respondent No.1. Even there are copies of writs addressed to the Commission of Police, Nagpur.
Today, respondent No.1 appears in person and appointed learned Advocate Shri Joshi. Learned Advocate Shri Joshi has yet to take instructions from ::: Uploaded on - 18/09/2019 ::: Downloaded on - 18/09/2019 22:13:12 ::: cp.317 2/2 respondent No.1 due to want of time. It was made known to him that non-bailable warrant is pending. When inquired with respondent No.1, he told that his present stay is at Delhi. It means that, his address is other than the address mentioned in the contempt petition. Learned Advocate Shri Joshi seeks time to file an application for cancellation of non-bailable warrant.
Certainly, time can be granted to him, but when there is an order of non-bailable warrant, I cannot allow respondent No.1 to move free till the decision on cancellation of non-bailable warrant will be taken.
Hence, respondent No.1 is taken in to custody and his custody is handed over to Police Head Constables viz. Shri Vishnu Mohanlal Shukla, Buckle No.1672 and Shri Suresh Kaniram Rathod, Buckle No.2417, who are on security duty.
Respondent No.1 is at liberty to move necessary application. Further decision on the custody of respondent No.1 will be taken later on.
Time by way of last chance to file reply/ replies is granted respondent No.9 in C.P. No.317/2015 and respondent No.5 in C.P. No.318/2015. The police are directed to allow respondent No.1 to give instruction to his Advocate and to attend the office, if required.
Matter be kept in the second half.
JUDGE *sandesh ::: Uploaded on - 18/09/2019 ::: Downloaded on - 18/09/2019 22:13:12 :::