Bombay High CourtCP/136/2017disposed off

Mrs Gulshad Ehsaan Ali Qureshi v. Mrs Shamshad Wasim Qureshi And ANR

2023-02-08Hon'Ble Shri Justice Milind N. Jadhav2 pages

25.CP.136.17.doc S.S.Kilaje IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION CONTEMPT PETITION NO. 136 OF 2017 Gulshad Ehsaan Ali Qureshi ..Petitioner

Versus

Shamshad Wasim Qureshi and Anr.

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

 Ms. Soniya Parab a/w. Mr. Dinesh Masurkar i/by Mr. Tejas Deshpande for Petitioner  Mr. Wasim N. Qureshi, Respondent No.2 - in person present ...................

CORAM :MILIND N. JADHAV, J.

DATE :FEBRUARY 08, 2023.

P.C.

1. None for Petitioner.

2. Ms. Parab, learned Advocate for Petitioner would submit that they had initially held the brief for the Petitioner but have returned the papers long back.

3. Respondent No.2 appears in person and he has been granted permission by the Committee to appear in person which is seen.

4. Contempt Petition has been filed for violation of the order dated 12.12.2015, inter-alia, pertaining to payment of Rs.20,00,000/-.

5. Respondent No.2 in person has appeared before me and has placed on record the communication dated 02.11.2017, inter-alia, certifying that by Demand Draft No. 385153519 dated 05.09.2017 the entire amount of Rs. 20,00,000/- has been paid over to the Petitioner.

25.CP.136.17.doc The said communication is issued by the State Bank of India which is taken on record and marked "X" for identification.

6. Respondent No.2 would submit that by order dated 25.01.2019 this Court had also directed the Registry to place the matter on board on 29.01.2019 to enable both the parties to file their affidavit on which they are going to execute the document as per Consent Terms.

7. Be that as it may, considering that the issue of contempt no longer survives, the present Contempt Petition deserves to be dismissed. Needless to state that right of Respondents to get document executed can be agitated in an appropriate proceedings which they are permitted to file against the Petitioner.

8. With the above directions, Contempt Petition disposed. [ MILIND N. JADHAV, J. ] by SONALI SATISH KILAJE Date:

2023.02.09 17:58:49 +0530 SONALI SATISH KILAJE