Probir Manoj Das v. Ketan A. Shah And 2 ORS

906-CONP-7-2024.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 7 OF 2024 IN INTERIM APPLICATION (L) NO. 1903 OF 2021 WITH SUIT NO. 1096 OF 2018 Probir Manoj Das

...Petitioner

Versus

Ketan A Shah & Ors

...Respondents

Mr. Sunil Vyas, with Shanvi Punamiya, i/b Fox Mandal & Associates LLP, for the Petitioner.

Mr. Anosh Sequira, with Mubeen S Sirkhot, for Respondents. SHEPHALI SANJAY MORMARE SHEPHALI SANJAY MORMARE Date: 2024.07.04 15:17:51 +0530

CORAM:

ARIF S. DOCTOR, J DATED:

4th July 2024 PC:- 1.

Learned Counsel appearing on behalf of the Petitioner submits that the Respondents have complied with an undertaking given by them in the order dated 28th June 2024. Hence, nothing survives in the present Contempt Petition. The same is disposed of. 2.

It is noted that the cheque of Rs. 10 Lakhs which was given to the Petitioner's Counsel for security is not been handed over to the Learned

906-CONP-7-2024.DOC Counsel appearing on behalf of the Respondents, who indicates the receipt of the same.

3.

Learned Counsel appearing on behalf of the Respondents submits that the Suit which was to be withdrawn as per the Consent Terms has been transferred to the City Civil Court. He undertakes to withdraw the same within two weeks from today. In addition, though the Consent Terms mentioned criminal proceedings, there are no criminal proceedings which have been initiated by the Respondents in respect of the cheques which have not honoured. Therefore, the question of withdrawal of such criminal proceedings does not arise. 4.

Parties confirmed that all dues which were due and payable under the Consent Terms are now paid.

(ARIF S. DOCTOR, J)