Chandrashekhar Nathuram Sakpal v. Gold Plaza Developers Pvt Ltd

8.CONPW.48-2024.DOCX Pradnya

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 48 OF 2024 IN WRIT PETITION NO. 3168 OF 2023 Chandrashekhar Nathuram Sakpal and ors.

...Petitioners

Versus

Gold Plaza Developers Pvt. Ltd. and ors.

...Respondents

Mr Mangesh D. Chavan, for the Petitioners.

Mr Rohan Savant, a/w Mr Duj Jain, Mr Naomi Ting, i/b. Kiran Jain and Co., for Respondent No.1.

Mr Karl Tamboly, a/w Mr Shanay Shah, for Respondent Nos.2 and 3.

Mr Vishal Khanavkar, AGP, for the Respondent-State. Ms Meena Dhuri, i/b. Mr S. K. Sonawane, for the RespondentBMC. Mr Siddharth Chandrashekhar, for Respondent Nos.5 and 6.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

25th September 2024 PC:- 1.

In terms of our orders dated 21 August 2023 and 20 October 2023, the Contemnor had to clear the arrears in full by March 2024. This direction has been breached. Instead, an

8.CONPW.48-2024.DOCX application was belatedly filed seeking extension of time up to August 2024 to clear the arrears in full.

2.

Today when this Petition is taken up, we would have accepted the Contemnor to present a Demand Draft covering the entire arrears which have, according to the Contemnor, run up to about Rs.3 crores. Instead, learned counsel for the Contemnor based on instructions from Respondent No.1, offers to pay only Rs.25 lakhs. This is completely contumacious. This indicates that even the application for extension of time was made only to buy time and not genuinely pay the arrears even within the extended period. 3.

Mr Rohan Savant, on instructions from Respondent No.1 states that an amount of Rs.1 crore will be paid on 30 September 2024. He states that a further statement would be made on the affidavit regarding clearance of the balance amount.

4.

We list this matter on 30 September 2024 for directions. On 30 September 2024, all the Contemnors must personally remain present in this Court.

(Kamal Khata, J) (M.S. Sonak, J) Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 25/09/2024 17:26:26