Mr. Sanjay Bijayraj Bhandari And ANR v. Mr. Bhavesh Vrajlal Mehta And ANR

13-cp-321-2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.321 OF 2014 Sanjay Bijayraj Bhandari and Another

...Petitioner

versus Bhavesh Vrajlal Mehta and Others

...Respondents

Mr. S.U. Kamdar, Senior Counsel i/b. Yasmin Bhansali & Co., for the Petitioners.

Mr. Abhishek Walwalkar i/b. Mr. N.M. Ganguli, for Respondents. CORAM : K.K. TATED, J.

DATE : 10TH MARCH, 2015 P.C. :- .

Heard learned Senior Counsel Mr. S.U. Kamdar for the Petitioners and Mr. Abhishek Walwalkar for Respondent Nos.1 and 2. 2] By this Contempt Petition, the Petitioners alleges that Respondent Nos. 1 and 2 failed and neglected to comply the order dated 29-04-2014 passed by this Court (Justice Smt. SoudurBaldota) in Civil Application No. 573 of 2014 in Appeal from Order No. 667 of 2013.

3] The learned counsel for Respondent Nos. 1and 2 submits that they preferred Review Petition for reviewing the said order dated 29Vishal 1/2

13-cp-321-2014 04-2014. He also filed additional affidavit in reply of Respondent No. 1 dated 09-03-2015 stating that the Respondent Nos. 1 and 2 are ready and willing to comply the order passed by this Court on 29-04-2014 subject to the outcome of the Review Petition. He further submits that the only paragraph Nos.1 and 2 of additional affidavit in reply dated 09-03-2015 to be considered in this Petition. restricted only for paragraphs 1 and 2. The same is accepted. The undertaking given by Respondent No.1 Bhavesh Vrajlal Mehta in paragraph 2 of the affidavit dated 09-03-2015 is accepted. 4] The learned Senior Counsel for the Petitioner submits that in view of the subsequent development and additional affidavit/ undertaking dated 09-03-2015 filed by the Respondent Nos. 1 and 2, they do not want to press the present Contempt Petition. The same is allowed.

5] Contempt Petition is dismissed as not pressed. 6] No order as to costs.

(K.K. TATED, J.) Vishal 2/2