Navasahyadri Co-Operative Housing Society Limited v. Shri P.J. Thorat And ANR

18 cp 311.2009.doc Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.311 OF 2009 WITH CIVIL APPLICATION NO. 87 OF 2017 Navsahyadri Co-operative Housing

...Petitioner

Society Ltd.

Versus

Shri. P.J. Thorat & Anr.

...Respondents

Mr. Gaurav Potnis i/by Mrs. Pallavi Potnis for Petitioner. Mr. Y.D. Patil, AGP for Respondent nos. 1, 2 and 8. Mr. Abhijit P. Kulkarni for Respondent nos. 2. BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2022.06.15 16:10:31 +0530 CORAM : R.D. DHANUKA & MADHAV J. JAMDAR, JJ.

DATED : 14TH JUNE 2022 P.C. :

1.

By this Contempt Petition, the Petitioner seeks action under Section 21(3) and 21(4) of Contempt of Courts Act, 1971 alleging that the Respondents have committed contempt of order dated 16th April 2019 passed in WP (Stamp) No.13903 of 2019 and for direction to pass an award in terms of compensation claim made by the Petitioner- Society. 1/2

18 cp 311.2009.doc 2.

It is not in dispute that subsequently the Land Acquisition Officer has already made an award which is subject matter of the Reference already filed by the Petitioner. In our view, no contempt is committed by any of the Respondents.

3.

The Contempt Petition is accordingly dismissed. No costs. 4.

In view of dismissal of the Contempt Petition, Civil Application does not survive, same is accordingly disposed of. 4.

Notice is discharged.

(MADHAV J. JAMDAR, J.) (R.D. DHANUKA, J.) 2/2