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Bombay High CourtCONP/67/2015disposed off

Jitendra Akherajji @ Akhiraj Bohra @ Shah v. M.S. Shah Developers Pvt. Ltd. And 7 ORS.

2017-09-22Hon'Ble Shri Justice K.R. Shriram2 pages

Aarti Palkar 1/2 30.CONP.67.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.67 OF 2015 IN SUIT NO.564 OF 2011 Jitendra Akherajji @ Akhiraj Bohra @ Shah ....Petitioner Vs.

M.S. Shah Developers Pvt. Ltd. & Ors.

....Respondents ----- Ms. Helina Desai i/by Wadia Ghandy and Co. for the Petitioner. Mr. Deepak Chitnis i/by M/s. Deepak Chitnis Chiparikar and Co. for respondent Nos.1 and 2.

Mr. Abdul Hamid Mapkhan - respondent No.2 present in Court. CORAM : K.R.SHRIRAM, J.

DATE : 22nd SEPTEMBER, 2017 P.C.:

1.

Further to the order dated 15.09.2017, Mr. Deepak Chitnis, counsel appearing on behalf of respondent Nos.1 and 2 states that it is informed by Ms. Helina Desai, counsel appearing on behalf of the Petitioner that respondent Nos.1 and 2 have paid a sum of Rs.4,17,000/- and the same has been received by the Petitioner. Ms. Desai states that respondent Nos.1 and 2 should have enjoyed the money for 3 years and should be directed to pay some interest to the Petitioner. 2.

Mr. Chitnis, on instructions from respondent No.2, who is Director of respondent No.1, states that by tomorrow respondent Nos.1 and 2 will pay a sum of Rs.25,000/- as interest/compensation, so that the Contempt Petition can be concluded. Ms. Desai states that she leaves it to the Court.

Aarti Palkar 2/2 30.CONP.67.15.doc 3.

In view of the undertaking given by respondent No.2 personally and on behalf of respondent No.1 that the amount of Rs.25,000/- will be paid by way of pay order or through the advocates cheque, the petition is accordingly disposed. 3.

Liberty to apply, if the amount of Rs.25,000/- is not paid. (K.R. SHRIRAM, J.)