Waterfront Housing And Hospitality Pvt Ltd (Through Its Director Anil Sureshchandra Mundada) v. Gangatharan D

Diksha Rane 26. cp 44-24 & ors..doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.44 OF 2024 WITH CONTEMPT PETITION NO.47 OF 2024 WITH CONTEMPT PETITION NO.48 OF 2024 WITH CONTEMPT PETITION NO.49 OF 2024 WITH CONTEMPT PETITION NO.45 OF 2024 WITH CONTEMPT PETITION NO.50 OF 2024 WITH CONTEMPT PETITION NO.46 OF 2024 WITH CONTEMPT PETITION NO. 194 OF 2024 (NOT ON BOARD ; TAKEN ON BOARD) WATERFRONT HOUSING AND HOSPITALITY PVT. LTD. (THR. ITS DIRECTOR ANIL SURESHCHANDRA MUNDADA) ..PETITIONER VS.

GANGATHARAN D.

..RESPONDENT ------------ Adv. Sandeep D. Shinde for the petitioner.

Mr. B. V. Samant, Addl. G.P. a/w. Mr. S. P. Kamble, AGP for respondent no.4 - State in CP/44/2024.

Mr. B. V. Samant, Addl. G.P. a/w. Mr. V. M. Mali, AGP for respondent no. 4 - State in CP/50/2024 & CP/194/2024.

------------ CORAM :

A. S. CHANDURKAR & RAJESH S. PATIL, JJ DATE :

1st OCTOBER 2024.

Diksha Rane 26. cp 44-24 & ors..doc P.C. :

1.

On 7th April 2022, this Court disposed of the batch of Writ Petitions with the following operative order:- "9.

In view of the above, the impugned order to the extent of directing the Petitioner to deposit nazarana considering the valuation on the date of order is set aside. It is directed that the valuation of the property shall be considered as on the date the application is made i.e. 22nd March, 2013.

10.

The period of three months that was directed by the authority under the impugned order shall be calculated from the date fresh valuation is made by the authority pursuant to the present order." 2.

Since the aforesaid directions were not complied with, the petitioners filed the Contempt Petitions in this Court. On 11th October 2022, while disposing of the Contempt Petitions, the Division Bench observed that the order dated 7th April 2022, if not set aside or modified had to be complied with within a period of six months from that date. Since this order has still not been complied with, these Contempt Petitions have been filed.

3.

Prima facie, we do not find any justification on the part of the respondents in not complying with the aforesaid directions. To enable the Court to proceed further in the Contempt Petitions, the respondent no.2 shall remain present on 18th October 2024.

Diksha Rane 26. cp 44-24 & ors..doc 4.

The learned Additional Government Pleader to communicate this order.

5.

The parties to act on an authenticated copy of this order. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 01/10/2024 15:49:48