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Bombay High CourtCONPW/27/2019disposed off

Parinee Contour Construction Pvt.Ltd. v. Uday Sudhakar Shetty

2019-03-19Hon'Ble Shri Justice S.C. Gupte2 pages

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7. CONPWL 19-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION (L) 19 OF 2019 IN WRIT PETITION NO.169 OF 2019 M/s Parinee Contour Construction Pvt. Ltd. ... Petitioner

Versus

Uday Sudhakar Shetty ...

Respondent .....

Mr. Dharmesh S. Joshi for the Petitioner.

Mr. Dilip H. Shukla for the Respondent.

Mr. Uday Sudhakar Shetty, the Respondent-contemnor present in-person. .....

CORAM : S.C. GUPTE, J.

DATE : 19 MARCH 2019 P. C. :

.

This contempt petition seeks committal of the Respondentcontemnor for having willfully disobeyed the order passed by this court on 9 January 2019. The order of 9 January 2019 accepted the statement of learned Counsel for the Respondent-contemnor that his client would vacate premises and hand over possession of the same to the Petitioner herein within one month. The grievance in the contempt petition is that despite this order, possession of the premises was not handed over by the Respondent-contemnor. Learned Counsel, who appears for the Respondentcontemnor, on instructions of the Respondent-contemnor, who is present in court, submits that premises have since been demolished by the Competent Authority in terms of the order passed in pursuance of the order issued under Section 38 of Maharashtra Slum Areas (improvement,

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7. CONPWL 19-19.doc Clearance and Redevelopment) Act, 1971. This position is not disputed by learned Counsel for the Petitioner. In the premises, there is no occasion for exercise of contempt jurisdiction by this court. Contempt Petition is, accordingly, dismissed.

(S.C. GUPTE, J.)