contempt petition no. 147 of 2009 1 hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CONTEMPT PETITION NO. 147 OF 2009 IN WRIT PETITION NO. 2862 OF 2004 M/s. Gati Limited ... Petitioner Versus M/s. Navi Mumbai Municipal Corporation and Anr. ... Respondents Ms. Shilpa Kapil, Advocate for petitioner. Mr. R.S. Apte i/by Mr. A.A. Garge, Advocate for respondent no. 1. Mr. Anil Naik, Cess Officer present. CORAM : SMT. R.P. SONDURBALDOTA,J. DATED : OCTOBER 28, 2010 P.C. 1. This contempt petition is filed alleging non-compliance by the respondents with the order dated 25.8.2005. The order requires the respondents to decide the show cause notice proceedings against the Petitioner within the period of two months from the date of receipt of the order. It was further directed that no coercive action should be commenced by the respondents for the period of two weeks after the date contempt petition no. 147 of 2009 2 of service of the decision in the show cause proceedings. Mr. Apte files affidavit in reply on behalf of respondent no. 1 stating that the show cause notice proceedings have since been decided and the decision has been communicated to the petitioners by the respondent by letter dated 25.10.2010. The reply filed shows that there has been inordinate delay on the part of the respondents in complying with the order dated 25.8.2005. 2. The learned counsel for the Petitioner points out that despite of the order that the respondents shall not take any coercive action against the petitioner, there are criminal proceedings initiated by the respondents against the Petitioner. Mr. Apte, the learned counsel on instructions from Mr. Anil Naik, Cess Officer, respondent No. 2 who is present in court states that the criminal proceedings will be withdrawn within a period of one week from today. The oral undertaking given by respondent no. 2 is accepted. In view of the disposal of the show cause proceedings and the oral undertaking given to the Court, in my opinion, the contempt proceedings can be disposed of by compensating the petitioner with the costs. 3. Accordingly Contempt Petition stands disposed off on the contempt petition no. 147 of 2009 3 respondents complying with the oral Undertaking given to this Court and on paying the cost quantified at Rs.15,000/- (Rupees Fifteen Thousand Only) to the Petitioner, within the period of one week from today. (SMT. R.P. SONDURBALDOTA,J.)