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Bombay High CourtCP/221/2024disposed off

M/S Haribhai B. Desai v. Nareshkumar Chhaganlal Rathod

2024-04-30Hon'Ble Shri Justice Sandeep V. Marne3 pages

1/3 Digitally signed by KANCHAN VINOD MAYEKAR Date:

2024.05.04 15:10:54 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

KANCHAN VINOD MAYEKAR CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 221 OF 2024 M/s. Haribhai B. Desai & Ors.

..... Petitioners

VERSUS

Nareshkumar Chhaganlal Rathod & Ors.

..... Respondents Mr.Pradeep Thorat a/w. Mr.Rushikesh S. Kekane for the Petitioners.

Mr.Nimay Dave i/b. Manal Mandhare a/w. Mr.Shiva G. for the Respondent No.2.

Mr.Nareshkumar Chhaganlal Rathod, Respondent present in person.

CORAM: RAJESH S. PATIL, J.

DATE : 30 APRIL, 2024 P.C. :- Mr.Nareshkumar Rathod, who is present in Court seeks liberty from this Court that he be permitted to reside in the suit premises till the morning of 10 May, 2024. Mr.Rathod has given an oral undertaking to this Court that on 10 May, 2024, he and his family will vacate the suit flat and will handover the keys of the suit flat to the petitioners (through their advocates).

2/3 2.

The undertaking given by Mr.Rathod is accepted as an undertaking given to this Court.

3.

Matter to come up on Supplementary Board on 10 May, 2024.

4.

Mr. Dave, learned counsel appearing for the respondent no.2 (Air India International) submits that Mr.Rathod was employee of Air India Engineering Services Limited. Therefore, his retirement dues will be considered and cleared only by Air India Engineering Services Limited and not by the respondent no.2.

5.

Mr.Nareshkumar Rathod submits that he has already made an application and handed over the concerned papers to the Air India Engineering Services Limited. He submits that he has been informed by the Air India Engineering Services Limited that since

3/3 he has not vacated the suit premises, they are not ready to process his application for retirement dues.

6.

The respondent no.1 is permitted to furnish a copy of this order to the Air India Engineering Services Limited. 7.

The responsible officer of the Air India Engineering Services Limited to remain present in this Court on 10 May, 2024. [RAJESH S. PATIL, J.]