1 2cp303-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CONTEMPT PETITION NO. 303 OF 2011 Smt. Ramkuwarbai Raghunath .. Petitioner V/s. Ganpats Shankarsa Bakale & Ors. .. Respondents ..... Mr. V.G. Indrale for the petitioner. Mr. S. P. Shinde for respondent Nos.1 and 5. ..... CORAM : A.S.OKA, J. DATE : DECEMBER 22, 2011. P.C.: Not on board. Taken on board as the petition is not shown on board though it was fixed today. 2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent Nos.1 and 5. The respondent Nos.1 and 5 are personally present in the Court. The breach alleged is of the undertaking given to this Court by the first and fifth respondents to vacate the suit premises. The undertaking was filed in terms of the order dated 14th July, 2010 passed by this Court in the Writ Petition filed by the first respondent. This Court granted time of 12 months to vacate from 14th July, 2010 subject to an undertaking being filed as directed by the said order. The period expired on 13th July, 2011. 2 2cp303-11 However, the undertaking was not complied with and, therefore, the present Contempt Petition. The learned counsel appearing for the contemnors pointed out that against the order of this Court a Special Leave Petition was filed by the first contemnor. By order dated 8th November, 2011, the Special Leave Petition was dismissed, but time to vacate of six months was granted from the said date subject to the first contemnor filing necessary affidavit and undertaking before the Apex Court. The learned counsel appearing for the first contemnor on instructions of the first contemnor states that undertaking has been filed in terms of the order of the Apex Court within the stipulated time. The statement is accepted. 3. Till 8th November, 2011, the contemnors did not deliver possession of the suit premises notwithstanding the undertaking given to this Court. Notwithstanding this default, the Apex Court has granted further time of six months to the contemnors to vacate the suit premises. In terms of the order of the Apex Court, necessary undertaking has been filed. Therefore, at this stage, no case is made out to proceed under the Contempt of Courts Act, 1971. Hence, notice issued by this Court by order dated 18th November, 2011 is discharged. (A.S.OKA, J.)