A.M.KHANWILKAR, J.

1. This Suo Motu contempt action is initiated on the basis of the order of the learned Single Judge of this Court, in relation to an incident when the Respondent/Contemner allegedly committed contempt on the face of the Court. The order on the basis of which this Suo Motu action is commenced is dated October 10, 2008, which reads thus:

“P.C.

This Court is seized of judicial work which has been assigned in accordance with the roster of work issued under the directions of the Hon’ble the Chief Justice. At 3 p.m. today, an Advocate by the name of N.B.Deshmukh, appeared in Court and sought to interrupt the course of the proceedings by insisting that this Court should take up his matter forthwith. He informed the Court that he had attempted to mention the matter before other Learned Judges (the Hon'ble the Chief Justice, Hon'ble Shri Justice J.N.Patel, Hon'ble Shri Justice F.I.Rebello and Hon'ble Shri Justice D.K.Deshmukh) and that he has thereafter appeared before this Court. The matter did not appear to pertain to the work which has been assigned to this Court under the roster of work. The Advocate persisted in insisting that this Court is duty bound to take up his matter though he was informed that the case was not on Board and did not pertain to the assignment of this Court. The Advocate used language in the Court which was most improper; he was obstructive and rowdy. Repeated opportunities were given to the Advocate to desist from taking recourse to such unruly and obstructive behaviour, but he persisted in dislocating the even course of the proceedings. The behaviour of the Advocate in the Court has been rowdy; he has used language about the Court and about the Judges of this Court which is improper and his entire behaviour is manifestly against the decorum of the Court. Prima facie, I am of the view that the behaviour of the Advocate in the Court amounts to a contempt of Court. The Court is, therefore, constrained to direct that a notice be issued to Shri N.B.Deshmukh, Advocate, calling upon him to show cause as to why steps should not be taken against him under the Contempt of Courts Act, 1971 for disturbing the Court’s proceedings by acting in an obstructive, rowdy and inappropriate manner and using language which is inappropriate to the discourse before the Court. The notice shall be returnable after four weeks and may be placed by the Registry before the appropriate Bench in accordance with the roster of work.” (emphasis supplied)

2. Pursuant to the abovesaid order, the Office issued notice to the Contemner dated 10th October 2008, which was duly served on him. The same reads thus:

“Whereas Civil Application No.205 of 2003 in writ petition No.; 2054 of 1997 was placed before the Court and the Court (Coram: Dr.D.Y.Chandrachud, J.) has on 10/10/2008 passed the order that why steps should not be taken against you under the contempt of Courts Act, 1971. As per the above Court’s order this Hon’ble High Court has taken this matter on its own motion under the Contempt of Court’s Act, 1971.

AND UPON HEARING Mr.N.B.Deshmukh for the Petitioner in the Court and the Court (Coram : Dr.D.Y.Chandrachud, J.) has on 10/10/2008 passed the following order:-

(Note:- the copy of the order attached herewith....)

take notice that the High Court has determined to hear the said on or after the 14th day from the date of service of notice on you. You are therefore directed to appear, in person or by an Advocate, in this Court on the said day, or thereafter from day to day, until the disposal of the said Suo-Motu Con.Pt.. to show cause why the action should not be taken against you as per the Contempt of Court Act, 1971. or such other order made, as to the High Court may deem fit. Should you fail to appear in person or by an Advocate the Court will hear the said Sou-Motu Contempt Petition ex-parte. Witness Shri Swatanter Kumar, Chief Justice at Bombay, aforesaid, this 10th day of October, Two Thousand Eight. By the C