Appellant appealed a contempt order for non-compliance with a deposit directive. Since the appellant deposited the required amount with interest before the appeal was heard, the appeal was treated as withdrawn and dismissed. Each party bears own costs.
The appeal is disposed of as it no longer survives following the deposit of the amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. 613 OF 2007 IN
CONTEMPT PETITION NO. 49 OF 2006 IN APPEAL NO. 6 OF 2005 IN NOTICE OF MOTION NO. 1407 OF 2002 IN
SUIT NO. 648 OF 1986
Mohamed Hussain
....Appellant
versus
Mohammed Hussain Khairandish .... Respondent
Mr. R.L. Tolat, instructed by Mrs. Jyoti Chavan, for the appellant. Mr. Rashid Khan with Ms. T. Zaidy, instructed by M/s. Zaidy & Co., for the respondent.
Mr. V.G. Rane, S.O., Office of Court Receiver, present.
CORAM : SWATANTER KUMAR, C.J. & DR. D.Y. CHANDRACHUD, J.
DATE: SEPTEMBER 17, 2007 .
P.C.
The appellant has filed the present appeal against the
order passed by the learned single Judge on 20th June, 2007, in
Contempt Petition No. 49 of 2006 arising in Suit No. 648 of 1986. By this order, the Court found the appellant guilty of contempt in not
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complying with the orders of Court and depositing the amount directed by the Court. However, it was stated in the said order that the appellant would deposit the amount of Rs. 3,04,000/- with the Prothonotary and Senior Master of this Court with interest and that he would comply with the same within twelve weeks from the date of the order. While noticing the said statement of the appellant, the Court directed that the order imposing sentence was suspended for a period of twelve weeks from the date of passing of the order and if the amounts are deposited in terms of the order with 9 per cent interest, the sentence shall stand cancelled.
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is accordingly disposed of. The parties are directed to bear their own
costs.
CHIEF JUSTICE
DR. D.Y. CHANDRACHUD, J.
Mohamed Hussain
Mohammed Hussain Khairandish
Swatanter Kumar
Dr. D.Y. Chandrachud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
