Sarfaraz C. Thanawala v. Ashok Jadav, The Chief Executive Officer And ORS

48.109.14-cp FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.109/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Arshad Haindady for the petitioner Mr. A. R. Metkari, AGP for Respondent No.4.

Mr. Nilabh Toshniwal i/b. Manoj A. Patil for respondent No.1.

CORAM : K. K. TATED, J.

DATE : FEBRUARY 5, 2016 P.C.:

1.

Heard. The learned AGP filed Affidavit-inReply dated 05/02/2016 duly affirmed by Mr.Gajanan Namdeorao Raut, CEO of Araey Milk Colony. Same is taken on record. In this Affidavitin-Reply the Respondent made a statement that they are ready and willing to hand over the suit premises to the original allottee. Paragraph 4 of the Affidavit-in-Reply reads thus:

4.

I say that in the capacity of Chief Executive Officer of Aarey Milk Colony, while discharging the duties, I am ready to exercise the discretion and ready to hand over the sealed premises, which is subject matter of the contempt petition, to the original allottee's of the said gala. I will hand over the possession Basavraj G Patil 1/2

48.109.14-cp of the said galas/ property forthwith only and will adopt the appropriate remedy for eviction in accordance with law by following the procedure in the interest."

2.

The learned counsel for the Petitioner submits that in view of paragraph 4 of the Affidavit-in-Reply dated 05/02/2016, the Petitioner may be permitted to withdraw the Contempt Petition.

3.

Hence, the Contempt Petition stands dismissed as withdrawn.

4.

Mr. Gajanan Namdeorao Raut, CEO of Araey Milk Colony to comply with the statements made by them in paragraph 4 of the Affidavit-in-Reply within 4 weeks from today.

JUDGE Basavraj G Patil 2/2