Ganesh Gruha Nirman Sahakari Sanstha Ltd., Nagpur Thr. President Mukundrao S/O Bhikuji Pannase v. Deepak Mhaisekar, I.A.S. Chairman, The. Nagpur Improvement Trust, Nagpur

CP.139.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CONTEMPT PETITION NO. 139/17 IN WRIT PETITION NO. 585 OF 2016. (Ganesh Gruha Nirman Sahakari Sanstha Ltd. .vs. Shri Deepak Mhaisekar, IAS, Chairman, NIT) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & ARUN D. UPADHYE, JJ. DATED : SEPTEMBER 11, 2017.

Heard Mr. Anand Parchure, learned Advocate for petitioner and Mr. G.A. Kunte, learned Advocate for respondent. Mr. Parchure, learned Advocate for petitioner, submits that though encroachment has been removed, it is after long delay and no reasons are given for not taking timely steps. He further submits that no remorse whatsoever has been expressed for undue delay. Mr. G.A. Kunte, learned Advocate for respondent, points that encroachment was large and hence, police protection was required to be obtained. Some time was taken in the process. We find that the action was initiated on 7.4.1993 and directions of this Court are dated 12.4.2016. Hence, explanation given by Mr. G.A. Kunte, learned Advocate for respondent, cannot be accepted.

However, in present facts as encroachment is removed, we are not inclined to keep the proceedings pending. Keeping contentions of petitioner open, we dispose of Contempt Petition. No costs.

Judge Judge J.