IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.100 OF 2009 IN WRIT PETITION NO.776 OF 2009 Ashyana (Andheri Pachim) SRA CHS Ltd. ..Petitioner Vs. State of Maharashtra & Ors. And Gulam Farid Qureshi & Ors. ..Respondents Mr. S. R. Page i/b Mrs S. G. Suvarna for Petitioner Mr. Himanshu B. Takke with Mr. Milind More, AGP, State for the Respondent No.1 Ms. Archana Joglekar BMC for Respondent Mr. B. V. Phadnis i/b Utangale & Co. for Respondent No.4 Mr. Sakhardande, Sr. Advocate with Ms. Sarita Donde for Respondent Nos.5 to 7 Mr. Devverta Singh i/b Mr. C. N. Gole for Respondent No.8 CORAM: DR. D.Y. CHANDRACHUD, J. DATE: 19th December , 2009 P.C. : 1. At the hearing of the Contempt proceedings, the grievance of the Petitioner is that Respondent Nos. 5, 6 and 7 have in breach of the undertaking furnished to the Court on 29th July 2009, not handed over vacant possession of their present tenements to the Eighth Respondent on or before 25th September 2009. Counsel appearing on behalf of the Respondent No.5, 6 & 7 states that his clients do not wish to obstruct the redevelopment process and are ready and willing to hand over vacant possession forthwith. However, the practical difficulty which has been placed before the Court, is that, the developer is to pay to Respondent Nos. 5, 6 and 7 an amount calculated at the rate of Rs.13,000/- per month and Counsel has made a request to the effect that compensation for a period of two years calculated at the agreed rate may be paid over in advance in order to enable the Respondent Nos.5, 6 and 7 to obtain alternate accommodation elsewhere. This proposal is agreeable to the Eighth Respondent. 2. With the consent of the Counsel and at their request, the following order is passed since parties have stated that no reasons need be recorded: (a) The Court Receiver, High Court, Bombay is appointed as Receiver of the premises which are in the occupation of Respondent Nos.5, 6 and 7. The Court Receiver shall at present only take symbolic possession; (b) The Eighth Respondent agrees and undertakes to pay twenty four months’ compensation calculated at Rs.13,000/- per month. The aforesaid amount shall be hand over to the Advocate appearing on behalf of the Respondent Nos. 5, 6 and 7 forthwith and; (c) On or before 28th December 2009, Respondent Nos. 5, 6 and 7 shall hand over vacant and peaceful possession of their premises to the Eighth Respondent. In the event, Respondent Nos. 5, 6 and 7 fail to do so, the Court Receiver shall take physical possession of the premises in the occupation of Respondent Nos.5, 6 and 7 and hand over the same to the Eighth Respondent; (d) In view of the aforesaid arrangement which has been arrived at between the parties, in the facts and circumstances of the case, it is not expedient in the interests of justice to pursue the exercise of the contempt jurisdiction. (e) The Contempt Petition is accordingly disposed of. (Dr. D.Y.Chandrachud, J)