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Bombay High CourtCP/232/2016allowed to be withdrawn

Smt.Jyoti Ganpatrao Jadhav (Since Deceased) Thru Lrs Shri Sanjay Damodar Mohit v. Mr. Parth Maryappa Polke The President/Chairman Samata Shikshan Prasarak Mandal

2018-01-29Hon'Ble Shri Justice A. K. Menon2 pages

1-cp-232-2016 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 232 OF 2016 Smt. Jyoti Ganpatrao Jadhav ... Petitioner since deceased through her L.R.

Shri Sanjay Damodar Mohite vs.

Mr. Parth Maryappa Polke & Ors.

... Respondents Mr. Rahul C Kate for the Petitioner.

Mr. Ajit J. Kenjale for the Respondent nos. 1 and 2. CORAM : A.K. MENON, J.

th JANUARY, 2018 DATE : 29 P. C.

1.

The notice of contempt petition was issued to respondent nos. 1 and 2 returnable on 9 th January, 2017. Thereafter, the respondent has appeared through Counsel. On several occasions the matter has been adjourned including by consent of parties. On 21 st August, 2017 a statement came to be recorded by this Court to the fact that respondent have handed over a cheque of Rs.1,00,000/- to the petitioner's Advocate. Further time was granted to enable respondent to file a reply. Time was granted. Meanwhile a further sum of Rs. 50,000/- was paid as recorded in order dated 11 th September, 2017, Meanwhile, the matter is listed today for compliance. Both Counsel state that the respondents have paid over the entire balance amount of Rs.5,57,021/- to the petitioner.

1-cp-232-2016 2.

Mr. Kate on behalf of the petitioner has confirmed having received the demand draft for the said amount. In the circumstances, subject to its encashment, he seeks leave to withdrawn this petition. Accordingly, I pass the following order : (a) Contempt petition allowed to be withdrawn.

(b) Notice issued to respondent nos. 1 and 2 stands discharged. (A.K. MENON, J.)