Gautham Gopalaswamy v. Kirit Harilal Bhagat And ORS.

Neeta Sawant 36-CP-391-2022.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 391 OF 2022 WITH INTERIM APPLICATION NO.11784 OF 2025 Mr. Gautham Gopalaswamy } ....Petitioner : Versus :

Mr. Kirit Harilal Bhagat & Ors.

}....Respondents _______________________________________________________________ Mr. Rushikesh S. Kekane, for the Petitioner. Mr. R.M. Haridas, for the Respondents.

_______________________________________________________________ CORAM : SANDEEP V. MARNE, J.

DATED :

24 SEPTEMBER 2025.

P.C. :

1) Mr. Haridas, the learned counsel appearing for the Respondents, submits that Respondents are no longer owners of the suit property. He would submit that the suit property has now been conveyed in favour of M/s. Eastern Batteries. He would further submit that the brother of Respondent No.2 is a partner in M/s. Eastern Batteries. Mr. Haridas would submit that Respondent No.2 makes a statement that an amount of Rs.15,00,000/- shall be offered to the Petitioner against surrendering of possession of the suit premises by way of full and final settlement. He would submit that Respondent No.2 is willing to pay to the Petitioner, amount of Rs.15,00,000/- against surrendering of possession of the suit premises. Page No.

1 of Wednesday, 24 September 2025

Neeta Sawant 36-CP-391-2022.docx 2) Mr. Kekane, the learned counsel appearing for the Petitioner, on instructions, submits that the Petitioner is willing to surrender possession of the suit premises upon receipt of amount of Rs.15,00,000/-. He would pray for time upto 31 December 2025 to vacate possession of the suit premises. It is accordingly directed that Respondent shall pay to the Petitioner amount of Rs.15,00,000/- by 31 December 2025. Against receipt of amount of Rs.15,00,000/-, Petitioner shall surrender possession of the suit premises and handover the same to the Respondents-M/s. Eastern Batteries. After surrendering possession of the suit premises against receipt of amount of Rs.15,00,000/-, Petitioner shall not claim any right, title or interest in the suit property. In view of the above arrangement, nothing remains to be adjudicated in the Contempt Petition. The same accordingly stands disposed of.

3) In view of disposal of the main Contempt Petition, nothing survives in Interim Application No.11784 of 2025 for impleadment. The same also stands disposed of.

Digitally signed by NEETA SHAILESH SAWANT Date:

2025.09.25 11:30:38 +0530 [SANDEEP V. MARNE, J.] NEETA SHAILESH SAWANT Page No.

2 of Wednesday, 24 September 2025