Azizullah Khan Amanullah Khan And Another v. Syed Mohammed Sadique Syed Mohammed Ata Khan
2025:BHC-AUG:27648 16-sr921.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 921 CONT. PETITION NO. 190 OF 2023 IN ALP/22/2019 Azizullah Khan Amanullah Khan
VERSUS
Syed Mohammed Sadique Syed Mohammed Ata Khan WITH CIVIL APPLICATION NO. 10809 OF 2025 IN CP/190/2023 WITH CIVIL APPLICATION NO. 10808 OF 2025 IN CP/191/2023 WITH CIVIL APPLICATION NO. 10237 OF 2025 IN CP/190/2023 WITH CIVIL APPLICATION NO. 10238 OF 2025 IN CP/191/2023 WITH CONT. PETITION NO. 191 OF 2023 IN ALP/21/2019 WITH CONT. PETITION NO. 492 OF 2025 WITH CONT. PETITION NO. 493 OF 2025
---- Mr.Sk. Mujtaba Gulam Mustafa, Advocate for petitioners in Contempt Petition Nos.190/2023, 191 of 2023 Mr.L.B.Pallod, Advocate for petitioners in Contempt Petition Nos. 492/2025 and 493/2025 Mr.Quadri Syed. Raheel h/f. Ms.Fateema Kazi, Advocate for respondent - sole ----
CORAM
:
AJIT B. KADETHANKAR, J.
DATE :
SEPTEMBER 30, 2025 ORDER :- Mr.Quadri Syed. Raheel holding for Ms.Fateema Kazi, learned counsel for the respondent, submits that the respondent has deposited a Demand Draft dated 24.09.2025, drawn in the name of the Registrar of this Court, dated 24.09.2025 of Rs.22 Lakhs. He would invite attention of this court to the office note, wherein, it is mentioned that since the D.D. is deposited beyond the stipulated period, the compliance is not marked by the Registry. He prays that the Registry be directed to accept the D.D. and as such, there would be substantial compliance of the orders under contempt. Registry is directed to accept the D.D.
2.
Mr.Pallod and Mr.Sk.Mujtaba Gulam Mustafa, learned counsel for the petitioners in the respective petitions, submit that in view of deposit of Rs.22 Lakhs by the respondent, there is substantial compliance of the order under contempt. However, both
learned counsel were at pains to submit that, yet part of the interest is remained to be claimed from the respondent, as there is delay in compliance of the order.
3.
In view of the fact that substantial amount has been deposited by the respondent as per the compromise deed, all the Contempt Petitions stand disposed of.
4.
It is made clear that the petitioners are at liberty to take appropriate proceedings for realising the amount of interest, if applicable, in view of clause 7 of the compromise deed. Both learned counsel Mr.Pallod and Mr.Sk.Mujtaba Gulam Mustafa, for the petitioners, would submit that the entire amount of Rs.32 Lakhs is in deposit with this court and they may be permitted to withdraw the same together with interest accrued thereon.
5.
The petitioners are hereby permitted to withdraw the amount of Rs.32 Lakhs deposited by the respondent. Both the parties would submit that the apportionment of the amount in between both the contempt petitioners would be in terms of of the compromise placed on record. The withdrawal shall obviously be with the accrued interest thereon. Withdrawal shall be apportioned by the contempt petitioners in view of the compromise deed as recorded supra.
6.
In view of disposal of the Contempt Petitions, all Civil Applications stand disposed of.
[AJIT B. KADETHANKAR, J.] KBP