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Bombay High CourtCP/779/2025allowed to be withdrawn

Madanmohan Chandrabhan Gupta Sole Proprietor Of Ms Advance Advertisers v. Santacruz West Education Society

2026-01-27Hon'Ble Shri Justice Madhav J. Jamdar2 pages

14 CP 779.25 IN WP 467.22.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 779 OF 2025 IN WRIT PETITION NO.467 OF 2022 Madanmohan Chandrabhan Gupta sole Proprietor of MS Advance Advertisers

...Petitioner

Versus

Santacruz West Education Society

...Respondents

Mr. Girish Kedia, a/w Krushang Kedia for Petitioner in Contempt Petition.

Mr. S.M. Gorwadkar, Senior Counsel i/by Mr. Shashank Thatte and Mr. Yuvaraj Takale for Respondents.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

27th January 2026 P.C.:

1.

This Contempt Petition has been filed by taking contention that the Order dated 1st October 2025 passed by this Court has been violated. In effect, it is the contention of the Petitioner that the Petitioner has been restrained from user of the subject hoarding.

2.

Mr. Gorwardkar, learned Senior Counsel states that the Respondents have filed Affidavit-in-Reply of Respondent No.3 i.e one of the Trustee of Respondent No. 1 and points out paragraph Dusane

14 CP 779.25 IN WP 467.22.DOC No.4 of the same. Learned Senior Counsel submits that the Petitioner has not been restrained from user of the subject hoarding. Learned Senior Counsel, on instructions, further submits that the Respondents will grant access to the Petitioner to the Hoarding structure for the change of Vinyle/display of the advertisements, whenever required, even during vacation, as per Order dated 1st October 2025 of this Court.

3.

In view of above, Mr. Kedia, learned Counsel for the Petitioner seeks withdrawal of the Contempt Petition. 4.

Mr. Kedia, learned Counsel states that the Petitioner will file an appropriate Application in L.D. Suit No. 32 of 2021 seeking that the Petitioner be allowed to carry out the necessary repairs to the subject hoardings. If such application is filed, the same be decided by the learned Trial Court on its own merits. It is clarified that this Court has not considered merits of such Application and the same are expressly kept open.

5.

As the Order dated 1st October 2025 is complied with, nothing survives in the Contempt Petition and the same is disposed of.

BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2026.01.27 19:43:33 +0530 Dusane