Bombay High CourtCAA/617/2018disposed off

M/S. Ajanta Exhibitors, A Partnership Firm v. Mr. Haresh Meghji Shah

2018-07-25Hon'Ble Shri Justice K. K. Sonawane2 pages

901.CP.304.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 304 OF 2018 WITH CIVIL APPLICATION (St.) No. 6474 of 2018 IN APPEAL FROM ORDER NO. 23 OF 2017 IN NOTICE OF MOTION NO. 2583 OF 2012 IN S.C. SUIT NO. 2457 OF 2012 Haresh Meghji Shah ... Petitioner V/s.

M/s. Ajanta Exhibitors & Ors.

... Respondents Mr. V.T. Lulia for the Petitioner.

Mr. Ketan Chothani a/w Mr. J.M. Chodanker for the Respondents. CORAM :

K.K. SONAWANE, J.

DATE :

25th JULY, 2018.

P.C. :

Heard learned Counsel for the Petitioner and the Respondents. The present Petition has been filed for committing the breach of undertaking dated 09.04.2008 and 20.12.2012 respectively, as well as breach of the order passed by co-ordinate bench of this Court in Appeal From Order No.23 of 2017 etc. The learned Counsel for the Petitioner and the Respondents fairly conceded that the parties to the proceeding settled the dispute amicably and Waghmare 1/2

901.CP.304.18.doc they have also filed the consent terms on record today before this Court. Both the learned Counsel for the Petitioner and Respondents requested to dispose of the present Contempt Petition in the light of consent terms arrived at between the parties after amicable settlement of the dispute among them. The consent terms produced on record is marked as 'X' for identification. In view of submission as well as settlement of the dispute amicably in between the parties to the proceeding pursuant to the consent terms produced on record, there is no impediment to dispose of the present Contempt Petition.

Accordingly the present Contempt Petition stands disposed of in terms of consent terms. No order as to costs. In view of compromise in between the parties as per the consent terms produced on record, the Civil Application (Stamp) No.6474 of 2018 filed in Appeal From Order No.23 of 2017 does not survive and stands disposed of.

(K.K. SONAWANE, J.) Waishali Sushil Waghmare by Waishali Sushil Waghmare Date: 2018.07.27 17:49:33 +0530 Waghmare 2/2