1 mss IN THE HIGH COURT OF JUDICATURE AT BOMBAY. ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.1 OF 2009 IN TESTAMENTARY PETITON NO.430 OF 2008 M/s.Adarsh Industrial Estate .. Petitioners V/s Mr.Ulhas Namdeo Paralkar & Ors. .. Respondents Mr.M.U.Pandey for the petitioners. Mr.Sameer Tendulkar for Respondent No.1. CORAM: SMT.RANJANA DESAI & R.G.KETKAR, JJ. DATE : 16th March, 2011. P.C.: Counsel for petitioners states that the Testamentary Petition No.430 of 2008 has been withdrawn by the 1st respondent and since 1st respondent has purged the contempt nothing really survives in this petition. On 14/9/2010 by our order of the same date, we had noted this very submission. However, since the contempt of court is stated to have been committed by the 1st respondent, we expected him to tender unconditional apology to this Court. 2. The 1st respondent has filed affidavit dated 24.9.2010 in which he has tendered unconditional apology. He was also present before the Court on 2 mss the last occasion when we had directed him to file the affidavit. Learned counsel for the 1st respondent states that on account of personal difficulty the 1st respondent could not remain present in Court today. However he states that in view of the affidavit filed by the 1st respondent and in view of the fact that he was present on last occasion and has tendered unconditional apology to the Court, his unconditional apology may kindly be accepted and show cause notice issued against him may be discharged. 3. The apology tendered by the 1st respondent is unconditional. It appears to us to be genuine. We accept the same. Hence, petition is disposed of as against the 1st Respondent. 4. Learned counsel for the petitioner is not pressing the petition against other respondents. In view of this, petition stands disposed of against other respondents as not pressed. 5. Needless to say that in view of disposal of the petition, show cause notice issued to the respondents does not survive. (R.G.KETKAR, J.) (SMT.RANJANA DESAI, J.)