The High Court of Bombay at Bombay disposed of a contempt petition filed for alleged breach of undertakings. Finding that the contemnors had made serious efforts and nearly complied with the order, the Court discharged the notice and dismissed the petition.
Contempt petition disposed of; notice discharged.
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 O. O. C. J.
CONTEMPT PETITION NO.18 OF 2009 IN WRIT PETITION NO.1628 OF 2007
Prathamesh Pooja Co-op. Hsg. So. Ltd. Vs.
M/s. Sailee Developers and others
..Petitioner.
..Contemnors.
Mr. Rakesh Dave for the Petitioner.
Mr. Sachin Mhatre for Contemnor Nos.1 to 4. Ms T.H. Puranik for the BMC .
CORAM : DR. D.Y. CHANDRACHUD, J.
8th September, 2009.
P.C. :
placed on the record of the Division Bench and the Petition came to be
disposed of. The Contempt Petition came to be instituted for breach by Respondents 1 to 4 of the undertakings contained in the order passed by the Division Bench read with the minutes of order. On 23rd April, 2009 this Court had observed that prima facie there was a breach on the part of Respondents 1 to 4 in complying with the undertaking. The Contempt Petition has thereafter appeared for hearing on 18th June, 26th June, 21st
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July, 23rd July, 27th July, 6th August and 18th August, 2009. From time to
time payments have been made by Respondent Nos.1 to 4 in compliance with the directions issued by the Division Bench. Today it is an admitted position before the Court that the payments required to be made under clauses (1) and (2) of the minutes of order have been made, save and except for an amount of Rs.9,200/- which counsel appearing on behalf of the Contemnors states will be handed over during the course of the day to
the Petitioner. The statement is accepted.
TDR utilization form and / or to pay premium for an enhanced FSI, whichever is applicable for the regularization of the entire building. Certain formalities were required to be completed with the Municipal Corporation for this purpose. Counsel appearing on behalf of the Municipal Corporation stated before the Court on instructions of Mr. Sanjay D. Kaundanyapure, that Respondents 1 to 4 have duly handed
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over the market and parking lot as required by the Municipal Corporation yesterday. The Court has been informed by counsel appearing for Respondents 1 to 4 that the “U” form for permission to utilize TDR shall be submitted to the Municipal Corporation within a period of one week from today. Counsel appearing on behalf of the Municipal Corporation states that upon receipt of the “U” form the D.P. Department of the Corporation is expected to process the application within a period of 45 days upon which a communication will be addressed to the Building Proposal Department and, that subject to due compliance with all the requisite conditions by Respondents 1 to 4, the Corporation will process the application for the grant of an occupation certificate / regularization of the building in accordance with law.
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immediately.
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as the compliance of the remaining obligations are concerned, the parties shall now comply with their statements recorded in the earlier part of this order in compliance with the directions contained in the minutes of order filed before the Division Bench. The Contempt Petition is accordingly disposed of. The notice shall accordingly stand discharged.
2 issues framed by the court
whether the contempt petition for breach of undertakings should be pursued given the near-compliance and genuine efforts of the contemnors
what relief can be granted in a contempt petition where substantial obligations have been fulfilled
Prathamesh Pooja Co-op. Hsg. So. Ltd.
M/s. Sailee Developers
DR. D.Y. CHANDRACHUD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
