High Court On Its Own Motion v. Prabhu Kunj Co-Op. Housing Society Ltd., And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION (SUO-MOTU) CONTEMPT PETITION NO.74 OF 2013 IN CONTEMPT PETITION NO.01 OF 2011 High Court On Its Own Motion .. Petitioner.

V/s

1. Mr. V.V. Gandhalekar Member of the Prabhu Kunj Coop Housing Society Ltd R/o. Flat No.602, 6th Floor, Prabhu Kunj Co-operative Housing Society Ltd., 5, Peddar Road, Mumbai-400 026

2. Mr. Minesh Shah Secretary of the Prabhu Kunj Co-op Hsg. Soc. Ltd., R/o Flat No.505, 5th Floor, Prabhu Kunj Co-operative Housing Society Ltd., 5, Peddar Road, Mumbai400 026.

3. Mrs. Ranjana Khandolkar Treasurer of the Prabhu Kunj Co-operative Hsg. Soc.

Ltd, R/o. Flat No.503, 5th Floor, Prabhu Kunj Co-operative Housing Society Ltd, 5th Peddar Road, Mumbai-40026.

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4. Mr. Daulat Adnani Member of Managing Committee of the Prabhu Kunj Co-op Hsg. Society Ltd., R/o. Flat No.301, 3rd Floor, Prabhu Kunj Co-operative Housing Society Ltd., 5, Peddar Road, Mumbai-400 026.

5. Mrs. Jayshree Makhija Member of Managing Committee of the Prabhu Kunj Co-operative Housing Society Ltd., 5, Peddar Road, Mumbai-400 026.

6. Ms. Varsha Bhosle Chairman of Managing Committee of the Prabhu Kunj Co-operative Housing Society Ltd., R/o.

Flat No.102, 1st Floor, Prabhu Kunj Co-operative Housing Society Ltd., 5, Peddar Road, Mumbai-400 026

7. Mr. S.S. Pandit Member of Managing Committee of the Prabhu Kunj Co-op Housing Soc. Ltd., R/o. Flat No.303 3rd Floor, Prabhu Kunj Co-operative Housing Society Ltd. 5, Peddar Road, Mumbai-400 026 .. Respondents.

A N D

3/4 Dhiren Shah Adult, Indian Inhabitant.

Residing at Flat No.201, Prabhu Kunj Co-operative Housing Society, 5, Peddar Road, Mumbai-400 026.

.. Intervener Ms. Rishika Rajadhyaksha i/b. Haresh Jagtiani & Associates, for intervener.

Mr. R.N. Jawal, for Respondents No.1 to 4 & 7. Mr. Nandini Singh i/b Bharucha & Partners, for Respondent No.4.

Mr. Vinit Naik a/w Mr. Swanand Ganoo, Mr. Amit Mehta i/b Mahimtura & Co., for Respondent No.5.

Coram : Smt. R.P. SondurBaldota, J.

Date : 03rd March, 2015 P.C.

This Notice for contempt was sent suo motu by this Court in view of the reference from the President, The Maharashtra State Co-operative Appellate Court, Mumbai, alleging breach of it's order dated 22nd October, 2010 passed in Appeal No.129 of 2009 filed by respondent No.8-intervener. Respondent No. 6 is since deceased. Respondents No.1 to 5 and 7 have filed Affidavits, expressing unconditional apology for the acts of contempt alleged against them. Ms.. Rajadhyaksha, the learned advocate appearing for the

4/4 respondent No.8 tenders his Affidavit stating that dispute reflected in Appeal No.129 of 2009 has been settled and that the Consent Terms will be filed in the dispute before the Co-operative Court. In view of settlement of the dispute and the unconditional apology tendered by respondents No.1 to 5 and 7, notice issued for action for contempt is discharged by accepting the unconditional apology tendered in the Affidavits. Contempt Petition is accordingly disposed of. (Smt. R.P. SondurBaldota, J.)