Neelam Deepak Dusija v. Budrani Housing Developers Pvt Ltd

13.cp.204.24.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION CONTEMPT PETITION NO. 204 OF 2024 WITH INTERIM APPLICATION NO. 11569 OF 2024 IN CONTEMPT PETITION NO. 204 OF 2024 Neelam Deepak Dusija and Ors.

.. Petitioners

Versus

Budrani Housing Developers Pvt. Ltd. and Ors. Respondents / Contemnors ..

....................

 Ms. Preeti Shah a/w. Ranjan Solanki and Mr. Santosh Jadhav, Advocates for Petitioners.

 Mr. Atul Damle, Senior Advocate a/w. Mr. Sunil Gangan and Mr. Swapnil Shikhare, Advocates i/by RMG Law Associates for Respondent Nos.1, 2 and 4.

 Mr. Shyam Sunder Agrawal, Respondent No.2 present.  Mr. Purshottam Chattaram Budhrani, Respondent No.4 present. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : NOVEMBER 13, 2024.

P.C.:

1.

Heard Ms. Shah, learned Advocate for Petitioners and Mr. Damle, learned Senior Advocate for Respondent Nos.1, 2 and 4. 2.

Today, Ms. Shah, learned Advocate appears for the Petitioners. She would submit that in so far as the Petitioners' receipt of the amount is concerned, it is a partnership firm in respect of which there is an Administrator appointed by this Court. In that view of the matter, she would submit that Applicant in the Interim Application desires to seek a direction from the Court to deposit the amount which

13.cp.204.24.doc has been deposited by Respondent No.1 in this Court with the Administrator who has been appointed to administer the assets of the Applicant firm.

3.

Since Interim Application is filed by one of the partner, Applicant is directed to place on record orders of the Court appointing the Administrator so that this Court can verify if any amount can be received by him or otherwise on behalf of the firm. 4.

Respondents are directed to consider the additional Affidavit filed by the Applicant and accordingly make submissions to the Court on the next adjourned date.

5.

One of the grievance expressed by Respondents is that present Contempt Petition and Interim Application is filed beyond the period of one year, which issue is kept open by this Court for hearing. 6.

In the meanwhile, the directions given today in Contempt Petition No.145 of 2019 alongwith other companion Petitions, if then considered, on parity, the present Interim Application deserves to be allowed for withdrawal of the amount as directed by this Court in case of the 14 Petitioners in the Contempt Petitions and the fact that they have already received the amounts.

7.

Stand over to 27th November 2024.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE AJAY TRAMBAK UGALMUGALE Date: 2024.11.13 18:24:59 +0530