1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEPT PETITION NO.91 OF 2009 IN WRIT PETITION NO.2081 OF 2008 Saira Begam Nisar Ahmed ...Petitioner vs. Subhash Hazare ...Respondent Mr.Ramesh Ramamurthy for the Petitioner Mr.V.M.Parshurami for the Respondent CORAM :A.S.OKA,J. DATE : DECEMBER 7, 2009 P.C. 1 Heard the learned counsel for the petitioner and the learned counsel for the contemnor. Notice for final hearing was issued by this Court by order dated 3 rd November 2009. The breach alleged is of order of the Division Bench dated 5 th September 2008 by which the respondent-contemnor was directed to decide the representation made by the petitioner within a period of two weeks. 2 The contemnor has filed an affidavit and has tendered an unconditional apology for delay in compliance with the order of this Court. He has stated that he took over the charge as a Chief Officer of the Mumbai Building Repairs and Reconstruction Board on 18 th February 2009. He has accepted in the affidavit that the representation 2 made by the petitioner was belatedly decided and a letter of offer was issued to the petitioner on 25 th September 2009 offering a premises. A copy of the communication dated 25 th September 2009 is placed on record by the learned counsel for the contemnor. 3 The learned counsel for the petitioner submitted that by communication dated 25 th September 2009, the allotment has been again offered in the old building. 4 In this contempt petition the Court is not concerned with the merits of the order passed on the representation. The fact remains that, though belatedly, the representation has been decided. It is for the petitioner to adopt appropriate proceedings for challenging the communication dated 25 th September 2009. 5 The apology tendered by the respondent-contemnor deserves to be accepted. Accordingly, apology is accepted. Notice issued to the respondent is discharged. Petition is disposed of by keeping all rights and contentions of the petitioner open. JUDGE