Shri. Chandrabhan M. Dingra v. V. S. Kurbet (Chairman), And ORS.

Nisha Sandeep Chitnis Date: 2018.09.19 14:57:35 +0530 1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL CONTEMPT PETITION NO.172 OF 2012 IN WRIT PETITION NO.6445 OF 2009 Chandrabhan M. Dingra

...Petitioner

Versus

V.S.Kurbet (Chairman) and Ors.

...Respondents

Mr.V.D.Patil, for the Petitioner.

None for the Respondents.

CORAM : REVATI MOHITE DERE, J.

DATE : 17th SEPTEMBER, 2018 P.C. :

1.

Learned Counsel for the Petitioner submitted that during the pendency of the Petition, the parties have amicably settled their dispute. He submits that in view of the affidavit filed by Ms.Radhakrishnan Nair, representative of Respondent No.10-Society, the grievance of the Petitioner, does not survive.

2.

Clauses - 4, 5 and 6 of the affidavit dated 21st August, 2018, reads thus:-

2/3 "4.

I say that, prior Managing Committee has complied with the order passed by this Court as also statement made by our Advocate, and accordingly Mr.Chandrabhan M. Dingra was admitted as member of the Society his Name was entered in A-1 register Copy of the same is marked "Exhibit-A" is enclosed here with.

5.

I say that the names in all records have also been changed and monthly maintenance receipts also bear his name. Hereto marked as "Exhibit-B" is the copy of the same enclosed herewith.

6.

I say that we were totally unware of the directions passed by the Court regarding Mr.Chandrabhan M. Dingra should make payments of maintenance charges we were collecting maintenance charges from Manoj M. Malkani, however after the said directions were brought to the notice, we have resolved not to accept maintenance charges from Mr.Manoj M. Malkani, but will accept payment from Mr.Chandrabhan M. Dingra as directed by the Court."

3.

Respondent No.10 shall abide by Clauses - 4, 5 and 6 of the affidavit dated 21st August, 2018.

3/3 4.

In view of the aforesaid, learned counsel for the Petitioner does not press this Petition and seeks leave to withdraw the same. 5.

Petition is accordingly disposed of as withdrawn. 6.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)