Vijaykumar C. Jhaveri And ORS. v. The Hatkesh Co-Operative Housing Society Ltd. And ORS.

R.M. AMBERKAR (Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION (ST) NO. 22114 OF 2018 IN WRIT PETITION NO. 10319 OF 2017 Vijaykumar C. Jhaveri & Ors.

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Petitioners

Versus

The Hatkesh CHS Ltd & Ors.

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Respondents ...................

• Mr. Jas Sanghavi with Mr. Viraj Y. Bhate for the Petitioners • Mr. Shivanand A. Mishra for Respondent Nos. 2 to 9 ...................

CORAM : K.K. TATED & N.J. JAMADAR, JJ.

DATE : OCTOBER 12, 2018.

P.C.:

1.

Heard learned counsel for the parties.

2.

By this Contempt Petition, the petitioners allege that respondent-society failed and neglected to comply with the order dated 20.12.2017 passed by this Court in Writ Petition No. 10319 of 2017.

3.

Learned counsel for the petitioners submits that this Court by order dated 20.12.2017 directed the respondent - society to implead the petitioners' names in society's register and also to issue share certificates in their names. 4.

Learned counsel for the petitioners submits that they lost the original share certificates. He submits that the petitioners will apply for duplicate share certificates on or before 31.10.2018.

5.

If the applications for issuance of duplicate share certificate are made on or before 31.10.2018, respondentsociety is directed to issue duplicate share certificates in favor of the petitioners after following due process of law on or before 30.11.2018.

6.

Learned counsel for the respondnet / society submits that dispute about the lease deed rights in respect of Plot No. 19 will be considered subject to outcome of the Application

No. 1 of 2017 pending before the Co-operative Court No. 4 at Mumbai.

7.

In view of the subsequent developments and the statement made by he learned counsel for the respondent, we do not find any reason to entertain the present Contempt Petition to take action against the respondents under Contempt of Courts Act.

Hence, the Contempt Petition stands rejected.

[ N.J. JAMADAR, J. ] [ K.K. TATED, J. ]