Indus Towers Limited v. Bhiwandi Nizampur Municipal Corporation And ORS

cp198 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION CONTEMPT PETITION NO.198 OF 2014 IN WRIT PETITION NO.513 OF 2013 Indus Towers Limited

...Petitioner

vs.

Bhiwandi Nizampur Municipal Corporation and others

...Respondents

Mr.Sugandh Deshmukh for the petitioner Mr.N.R.Bubna for the respondent Nos.1 to 4.

CORAM : A.S.OKA, & A.P.BHANGALE, JJ.

DATE : APRIL 15, 2015 P.C.:

The learned counsel representing the respondents-contemnors states that the third respondent is personally present in the Court. He has brought a cheque in the sum of Rs.2,42,80,205/- drawn in the name of the petitioner. The cheque is dated 13th April 2015 bearing No.825872 drawn on Indian Bank. The cheque is handed over to the learned counsel for the petitioner who accepts the same without prejudice to the rights and contentions of the petitioner. The learned counsel for the respondents states that the third respondent has tendered an unconditional apology for the delay. We accept the apology. Therefore, no case is made out for initiating action against the respondents under the Contempt of Courts Act,1971.

Notice is discharged.

cp198 We make it clear that if according to the petitioner, any additional amount is payable in terms of the Judgment and Order dated 7th May 2013, the petitioner is free to file appropriate proceedings.

(A.P.BHANGALE,J.) (A.S.OKA,J.)