Bai Janabai Alibhoy (Deceased) And ANR v. Basant Radhakishan Singh And ORS

(902)-CP-174-15.doc 26.11.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.174 OF 2015 Bai Janabai Alibhoy (deceased) Karim Abdulla Merchant and others .. Petitioners

Versus

Basant Radhakishan Singh and others .. Respondents Ms. Pratibha Shelake i/by Mr. P. J. Thorat, for the Petitioners. Mr. A. H. Khatri i/by Khatri Legal Venture, for the Respondents. Mrs. Pooja P. Bhaidkar, 2nd Assistant to Court Receiver. CORAM : R.M. SAVANT, J.

DATE : 26th NOVEMBER, 2015 P.C.

1.

The Learned Counsel for the Petitioners states that in view of the fact that possession has now been handed over, the Petitioners do not desire to proceed with the Contempt Petition. The Contempt Petition is accordingly disposed of.

2.

In so far as the amount which has been deposited by the Respondents in this Court is concerned, the Learned Counsel for the Petitioners states that the name of the Power of Attorney of the Petitioners has changed from "Allaudin Mahomed Alibhoy" to "Allauddin Mahomed Allibhoy Merchant" and has accordingly been Gazetted. The Registry may BGP.

(902)-CP-174-15.doc 26.11.2015 consider the Gazette notification and permit the Power of Attorney of the Petitioners to withdraw the amount which has been deposited. The Receiver who was appointed by the order dated 28th July 2015 would stand discharged on payment of his costs and expenses without passing of accounts.

[R.M. SAVANT, J] BGP.