Mohammed Ali Qureshi v. Shaikh Amjad Ali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 628 OF 2022 WITH COURT RECEIVER'S REPORT NO. 19 OF 2024 WITH COURT RECEIVER'S REPORT NO. 14 OF 2023 IN CONTEMPT PETITION NO. 628 OF 2022 Shaikh Amjad Ali and Anr ... Petitioner vs.

M.R. Builder and Developer and Ors ... Respondents WITH INTERIM APPLICATION NO. 9882 OF 2024 IN CONTEMPT PETITION NO. 628 OF 2022 Mohammed Ali Qureshi ... Applicant vs.

Shaikh Amjad Ali and Anr ... Respondents VARSHA VIJAY RAJGURU Mr. Akash S. Bhogil i/b. Mr. Nitesh Acharya for Petitioner. Digitally signed by VARSHA VIJAY RAJGURU Date:

2025.01.22 20:07:52 +0530 Mr. R.A. Shaikh a/w. Mr. Hasan Sayed for Respondent. Mr. D.J. Haldankar, AGP for Respondent-State. Ms. Charushila Vaidya, 2nd Assistant to Court Receiver. a/w. Ms. V.N Worlikar, Section Office present.

CORAM : GAURI GODSE, J.

DATED : 22nd JANUARY 2025 Page no. 1 of 3

ORDER:

1.

Inspite of giving opportunities to the contemnor, undertakings given to this court are not complied. By order dated 20th January 2025, by way of last chance, appellant was granted time to comply with the undertakings given to this court and the contempt petition was directed to be listed on 21st January 2025. On 21st January 2025, the following order was passed:

"1. Learned counsel for the contemnor submits that the contemnor has arranged the funds for payment of Rs. 14,00,000/-. However, due to some procedural difficulty, he was unable to get the banker's cheque or Demand Draft. He requests for time till tomorrow i.e. on 22nd January 2025 for getting the Demand Draft or the Banker's cheque.

2. By way of last chance, list the contempt petition tomorrow i.e. on 22nd January 2025."

2.

The contemnor was not present on 21st January 2025. However, in view of the request made by the learned counsel for the contemnor, one last opportunity was given till today. 3.

Today, the learned counsel for the contemnor submits that the contemnor is not traceable and he was unable to contact him. The contemnor is not present today in court.

4.

Even on the earlier occasion when the contemnor was absent Page no. 2 of 3

non bailable warrant was issued. However, since the contemnor had remained present, non bailable warrant was cancelled. 5.

On 18th December 2024, learned APP had made a statement that in the event, any warrant is issued to secure presence of the contemnor, the warrant to be executed trough Wakola Police Station.

6.

Since, the contemnor has committed breach of fresh undertakings given to this court as recorded in orders dated 18th December 2024, 3rd January 2025 and 20th January 2025, I am satisfied that the contemnor has committed aggravated contempt. Hence, office is directed to issue non bailable warrant against the contemnor, to be executed through Wakola Police Station. Warrant is made returnable on 29th January 2025.

7.

In view of the earlier orders passed, learned Court Receiver shall deposit the cheque for an amount of Rs. 2,00,000/- submitted on behalf of the contemnor towards the charges for further proceedings for valuation of the property which is already attached and is in custody of the Court Receiver, pursuant to order dated 18th July 2024.

8.

The contempt petition to be listed on 29th January 2025 at 2:30 p.m.

(GAURI GODSE, J.) Page no. 3 of 3