Najma Aslam Merchant v. The State Of Maharashtra Through Government Pleader High Court

922-OSCPWP-23-2024+.DOC Wadhwa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 23 OF 2024 IN WRIT PETITION NO. 3674 OF 2022 Najma Aslam Merchant & Anr

...Petitioners

Versus

The State of Maharashtra & Ors

...Respondents

WITH SHOW CAUSE NOTICE NO. 1 OF 2024 IN CONTEMPT PETITION NO. 23 OF 2024 IN WRIT PETITION NO. 3674 OF 2022 Najma Aslam Merchant & Anr

...Petitioners

Versus

The State of Maharashtra & Ors

...Respondents

Ms Aneesa Cheema, with Pranita Saboo, i/b DSK Legal, for the Petitioners.

Ms Nazia Shaikh, AGP, for the Respondent-State. Mr Kalpesh Joshi, with Sarvesh Dixit, i/b Kalpesh Joshi & Associates, for Respondents Nos 7 to 10.

Mr Kunal Waghmare, for the Respondent-MCGM.

CORAM

G.S. Patel & 15th March 2024

922-OSCPWP-23-2024+.DOC Kamal Khata, JJ.

DATED:

15th March 2024 PC:- 1.

Ms Cheema states that there is now an Occupancy Certificate from the ground to the 13th floor and this covers the two flats of the Petitioners. That grievance is therefore now resolved. What remains is the amount due as arrears of transit rent on which there is a dispute. There is now also an order of the Supreme Court of 2nd February 2024 staying our direction for a deposit of the amount of Rs 51,21,035/-.

2.

Ms Cheema maintains that an additional amount is payable. This is disputed by Mr Joshi. An Affidavit in Reply to that effect is to be filed and served by 28th March 2024.

3.

List the Petition on 5th April 2024.

4.

If there are any documents to be executed for the purposes of possession, these must be forwarded in advance in draft to the Advocates for the Petitioners.

(Kamal Khata, J) (G. S. Patel, J) 15th March 2024