Prince Housing And Hospitality Private Limited Thr. Its Dir. Mrs. Anjali Pandit v. Pushpa Panchal

1/2 35 CP-416-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.416 OF 2021 Prince Housing & Hospitality Private Limited through its Director Anjali Pandit ..Petitioner

Versus

Pushpa Panchal ..Respondent ...

Mr.Vishal Kanade with Mr.Ranjit Dharmadhikari, Mr. Kartik Tiwari and Mr.Aditya Kanchan i/b Lakshyavedhi Legal for the for the Petitioner.

Mr.Ashutosh Kaushik with Ms.Namrata Parmar i/b M/s. Kaushik & Co. for the Respondent.

...

CORAM: BHARATI DANGRE, J.

DATED : 10th DECEMBER, 2021 P.C:- 1.

The personal appearance of the contemnor is dispensed with, since it is informed that she is a senior citizen and is unable to remain present before the Court on account of health reasons.

2.

Petitioner/Plaintiff No.5 in R.A.E.Suit No.360/670 of 2013, has invoked the contempt jurisdiction of this Court, alleging willful and deliberate disobedience of the consent terms dated 23/09/2016 agreed between the parties in the said suit and subject to which Exh.1 is allowed. By not M.M.Salgaonkar

2/2 35 CP-416-21.doc adhering to the stipulation consented to in paragraph No.14, being of handing over possession of the suit premises, after the plaintiff obtained the sanction plan with IOD, within a period of 45 days from the date of receipt of intimation of the plaintiff, the allegation is there is deliberate breach of order. 3.

Learned counsel for the contemnor solemnly states that pursuant to the agreement for permanent alternate accommodation being executed on 10/12/2021 between the petitioner and the contemnor, the contemnor now undertake to vacate the premises and hand over the possession to the plaintiff on or before 22/12/2021. A copy of agreement dated 10/12/2021 is taken on record and marked 'X' for identification.

4.

In the wake of the said statement coming on behalf of the contemnor with an unconditional apology, the contempt proceedings initiated against her are dropped. ( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar