Dr. Shilpa Deepak Kakde Earlier Dr. Shilpa Devraj Mhatre v. Ravi Bhanudas Munde, Secretary Mauli Shikshan Sanstha, Kingaonraja And Another

1 cp340.15+1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO. 340 OF 2015 IN WRIT PETITION NO. 2439 OF 2014(D) (DR. SHILPA DEEPAK KAKDE...VS..RAVI BHANUDAS MUNDE & ANR.) WITH CONTEMPT PETITION NO. 270 OF 2015 IN WRIT PETITION NO. 2438 OF 2014(D) (SATYANARAYAN NATHA NAGRE...VS..RAVI BHANUDAS MUNDE & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anand Deshpande, Advocate for the petitioners. Shri A.J.Thakkar, Advocate for Respondent No.1. Ms Anushree Ahirkar h/f. Shri A.S.Kilore, Advocate for Respondent No.2. CORAM : B.P.DHARMADHIKARI AND Z.A.HAQ, JJ.

DATED : JULY 17, 2018.

1.

We have heard Advocate Shri Deshpande for the petitioner, Advocate Shri Thakkar with Ravindra Bhanudas Munde and Advocate Ms Ahirkar for the respondent No.2. 2.

The facts on record show that it is beyond capacity of Shri Ravindra Bhanudas Munde to discharge the liability. His immovable property is already attached. Today he has tendered an affidavit mentioning that he is ready and willing to co-operate in auction of that property and through proceeds thereof the petitioners can proportionately reimburse themselves.

2 cp340.15+1 3.

We are, therefore, satisfied with the bonafides of Shri Ravindra Bhanudas Munde. The affidavit filed by him is taken on record as Exh.A. In view of the said affidavit, we take on record the undertaking and accordingly also direct Shri Munde to continue to co-operate during auction process. 4.

With these directions and keeping other contentions and remedies of the petitioners open, we dispose of the present petition.

5.

Needless to mention that the petitioners are free to proceed further and initiate steps for auction of the attached properties as per law.

6.

The properties shall continue under attachment till they are auctioned and issuance of Sale Certificate by the competent Court/Authority in favour of the successful purchaser.

(Z.A.Haq, J) (B.P.Dharmadhikari,J) RRaut..