Kanhaiyalal S/O Mahendraprasad Chawada v. The Divisional Controller, Maharashtra State Road Transport Corporation, Chandrapur And Another

1 52.wp.253.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.253/2018 Kanhaiyalal s/o. Mahendraprasad Chawada Vs.

The Divisional Controller, Maharashtra State Road Transport Corporation, Chandrapur and Anr.

............................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order or directions and Registrar's orders ................................................................................................................................................ Mr. Rohit Joshi, Advocate for the Petitioner. Mr. P.S. Gawai, Advocate for Respondent No.1. CORAM : AMIT B. BORKAR, J.

DATED :

19th SEPTEMBER, 2022.

.

The order impugned in the present petition arises out of the order of attachment in execution proceedings. During the pendency of the present petition, in pursuance of the order passed by this Court, the Executing Court adjudicated upon the excess amount paid to the petitioner. After the order of 09.03.2022, the petitioner has deposited the excess amount.

2.

Respondent No.1 shall be at liberty to withdraw the said amount.

3.

In that view of the matter, nothing remains to be decided in the present petition, the present petition is, therefore, disposed of.

4.

Since the amount has been deposited by the petitioner, the order dated 09.03.2022 of issuance of notice

2 52.wp.253.18.odt under the provisions of the Contempt of Courts Act, 1971 is hereby recalled.

5.

It is needless to state that, the petitioner will be at liberty to challenge the adjudication of the amount which was the subject matter of initiation of the contempt proceedings.

JUDGE RGurnule MANOJ MANDADE 15:25