Mohammed Ali Qureshi v. Shaikh Amjad Ali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 628 OF 2022 rrpillai WITH COURT RECEIVER'S REPORT NO. 14 OF 2023 Shaikh Amjad Ali and Another ...
Petitioners Vs.
M. R. Builder and Developer and Others ...
Respondents WITH INTERIM APPLICATION NO. 9882 OF 2024 IN CONTEMPT PETITION NO. 628 OF 2022 Mohammed Ali Qureshi ...
Applicant Vs.
Shaikh Amjad Ali ...
Respondent Mr. Nitesh Acharya a/w. Ms. Bushra Sayed for the Petitioners. Mr. Mohan Kumar K i/b. Mr. Gireesh U. G. Menon for Respondent No.1-Contemnor.
Ms. Charusheela Vaidya 2nd Asst. to Court Receiver. Mr. D. J. Haldankar, AGP for the Respondent - State. CORAM : GAURI GODSE, J.
DATE :
20th JANUARY 2025 ORDER :
1.
Despite giving a fresh undertaking to this court on 3rd January 2025 the contemnor has not complied with this undertaking. The Digitally signed by RAJESHWARI RAMESH PILLAI Date:
2025.01.20 01:58:22 +0200 RAJESHWARI RAMESH PILLAI 1/3
balance payment of Rs. 14,00,000/- is still not paid. The undertaking regarding payment of Rs. 2,00,000/- in the office of Court Receiver is also not complied with.
2.
The contemnor is present in court. Learned counsel for the contemnor on instructions makes a statement that balance amount of Rs.14,00,000/- and the amount of Rs. 2,00,000/- to be deposited with the Court Receiver shall be complied latest by 4.00 pm today. I am satisfied that the contemnor is guilty of committing aggravated contempt of the earlier orders as well as last order dated 3rd January 2025.
3.
Learned counsel for the contemnor submits that he has brought a bearer cheque of Rs. 14,00,000/-. Tendering a bearer cheque of Rs.14,00,000/- would not amount to compliance of the fresh undertaking given to this court on 3rd January 2025. 4.
Though I am convinced that the contemnor is guilty of committing aggravated contempt, on the request made by the learned counsel for the contemnor, the contemnor is granted time till 4.00 pm today to comply with undertaking given on 3rd January 2025. 2/3
5.
It is clarified that if the statement made today is not complied by 4.00 pm today, appropriate direction would be issued for taking the contemnor into custody.
6.
The Contempt Petition to be called out at 4.00 pm today. [GAURI GODSE, J.] 3/3