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Bombay High CourtCP/8/2019

Sushila A. Parmar v. The Chief Executive Officer, Slum Rehabilitation Authority And ORS.

2019-01-15Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice A.S. Gadkari2 pages

CP.8-2019.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLAE CIVIL JURISDICTION CONTEMPT PETITIOIN NO. 8 OF 2019 Sushila A. Parmar ..Petitioner Vs The Chief Executive Officer, Slum Rehabilitation Authority & Ors.

.Respondents ----- Mr. Mohan B. Jadhav a/w Vaibhav Gargade for Petitioner. Mr. G.B. Walawalkar I/b Mr. S.P. Thorat for Respondent No.1. Mr. V.S. Gokhale, B- Panel Counsel for Respondent Nos.2 to 4. Mr. D. Durante I/b M/s Hariani & Co for Respondent No.6. CORAM : A.A. SAYED & A.S.GADKARI, J.J.

DATE : 15 January 2019.

P.C.:

1] The Contempt Petition alleges that Respondent No.6 has committed breach of the order dated 26 April 2018 passed by the Division Bench of this Court for not executing the Agreement with the Petitioner for permanent alternate accommodation and for non-payment of rent for the period of 12 months. Learned Counsel for Respondent No.6 informs the Court that the Agreement in terms of said Order dated 26 April 2018 has now been executed. A copy of the original Agreement is also handed over 1/2

CP.8-2019.doc to the learned Counsel for the Petitioner in Court. The learned Counsel for Respondent No.6 further states that the the rent till September 2019 has been paid to the Petitioner. This is not disputed by the learned Counsel for Petitioner.

2] In view of the above, since the order dated 26 April 2018 stands complied with, we are not inclined to exercise the Contempt jurisdiction of this Court. The Petition is accordingly dismissed. 3] We record the statement of the learned counsel for Respondent No.6 that the advance yearly rent shall henceforth be paid regularly until possession of the permanent alternate accommodation is handed over to the Petitioner.

(A.S.GADKARI, J.) (A.A. SAYED, J.) 2/2