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Bombay High CourtCP/642/2024disposed off

Mr Vijay Sakharam Gaikar v. Haresh K Nanwani And ORS

2017-06-27Hon'Ble Shri Justice Amit Borkar2 pages

42 cpst8373-17gr FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION (ST) NO.8373 OF 2017 WITH CONTEMPT PETITION (ST) NO.8374 OF 2017 WITH CONTEMPT PETITION (ST) NO.8376 OF 2017 WITH CONTEMPT PETITION (ST) NO.8378 OF 2017 WITH CONTEMPT PETITION (ST) NO.8379 OF 2017 WITH CONTEMPT PETITION (ST) NO.8383 OF 2017 WITH CONTEMPT PETITION (ST) NO.8510 OF 2017 WITH CONTEMPT PETITION (ST) NO.8513 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Yuvraj D. Patil for the petitioner in all the Contempt Petitions CORAM : K. K. TATED, J.

DATE : JUNE 27, 2017 P.C.:

Heard the learned counsel for the petitioner. By this Contempt Petition, petitioner allege that the respondent failed and neglected to comply the order dated 8.12.2015 passed by this court. He submits that this court by order dated 8.12.2015 directed respondent to pay an extra amount than the regular rent i.e. Rs.93,500/­. He submits that Mohite 1/2

42 cpst8373-17gr though the petitioner called upon the respondent to pay the said amount immediately they failed and neglected to do so. To that effect, petitioner has made averment in paragraph 17 of the present Contempt Petition.

Considering the submissions made by the learned counsel for the petitioner, order dated 8.12.2015 passed by this court (Coram: M.S.Sonak, J.) and averments made in paragraph 17 of the present Contempt Petition, I am satisfied that the petitioner has made out a case for following order: a) Office is directed to issue notice before admission to the respondent, returnable after 4 weeks.

b) In addition to usual mode of service, petitioner is permitted to serve Respondents along with entire proceedings by private notice either by registered post A.D. and/or by hand delivery and file Affidavit of Service to that effect.

c) This notice should not be treated as notice under Rule 8(1) of Chapter XXXIV of the Bombay High Court (Appellate Side) Rules, 1960 .

d) Stand over for four weeks.

e) Liberty granted to the petitioner to file additional affidavit in support of Contempt Petition.

(K.K.TATED, J.) Mohite 2/2