1 conpwl 36,38,39.11.sxw ata IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION (L) NO.36 OF 2011 IN WRIT PETITION(L) NO.2899 OF 2010 M/S.J.Gala Enterprises .. Petitioner versus Fatima John D’Souza and ors ..Respondents CONTEMPT PETITION (L) NO.38 OF 2011 IN WRIT PETITION(L) NO.2894 OF 2010 M/s.J.Gala Enterprises ..Petitioner versus Manjula Chauhan and ors ..Respsondents CONTEMPT PETITION (L) NO.39 OF 2011 IN WRIT PETITION(L) NO.2893 OF 2010 M/s.J.Gala Enterprises ..Petitioner versus Premji Bava Whag and ors ..Respondents Appearance in all matters. Mr.Zal Andhyarujina a/w Mr.Kadam i/b Kadam and Co,for the Petitioner. Mr.Y.E.Mooman i/b M.B.Gawde,for Respondent No.1 Mr.P.G.Lad,for the Respondent Nos. 2 to 4. CORAM: S.J.KATHAWALLA, J. DATED: MAY 4, 2011 P.C. By the present Contempt Petitions, the Petitioner who is the original Respondent No.4 in Writ Petition(L) No.2899 of 2010 has prayed that the Respondent to the Contempt Petition i.e. original petitioner be punished in accordance with law for committing willful breach of the orders passed by this court dated 17th February 2011 and 11th March,2001 and secure compliance of the said orders passed in Writ Petition (L) No. 2 conpwl 36,38,39.11.sxw 2899 of 2010. 2 By order dated 17th February,2011 the Division Bench of this court in Writ Petition(L) No.2899 of 2010 recorded the undertaking of the petitioner therein (Respondent No.1 in the three Contempt Petitions herein) namely to vacate the transit accommodation in their occupation on or before 10th March,2011. Since they failed to do so the above Contempt Petition was filed by the Petitioners. The Contempt Petition was taken up by this court for admission on 29th April,2011. The only argument advanced on behalf of the alleged Contemnors was that they should be asked to vacate the transit accommodation only after the developer i.e. original Respondent no.4 to the Writ Petition and the Petitioner in the above Contempt Petitions, executes the necessary agreement and gets the same registered. It was submitted that upon the Agreement being executed and registered they shall forthwith hand over the possession of the said transit accommodation to the Petitioner. In view thereof the Petitioner and the alleged Contemnors were directed to execute the necessary agreements and get them registered. The matter was thereafter kept today to enable the alleged Contemnors to hand over possession of the transit accommodation presently in their occupation to the Petitioner. However, though the Agreements have been executed and registered, today the learned Advocate appearing for the alleged contemnors is requesting for a week’s time to vacate and hand over possession of the said transit accommodation presently in their occupation to the Petitioner. He submits that the alleged contemnors require about 3 conpwl 36,38,39.11.sxw seven days for shifting along with their children and belongings. After hearing both the Learned Advocates for the parties the following order is passed by consent of the parties. i) Court Receiver High Court Bombay is appointed as Receiver of the premises i.e. Chawl No.12 Room No.5, Chawl No.12 Room No.10 , Chawl No.13, Room No.10 in occupation of the Respondent No.1 in all the three Contempt Petitions. ii) The alleged contemnors who are present in court undertake to this court that they shall hand over quite,vacate and peaceful possession of the premises in their respective occupation/possession to the Court Receiver on or before 11th May,2011 and they shall not ask for any extension to vacate the premises on any ground whatsoever. The undertaking is accepted. iii) In the event the alleged contemnors or any of them fails to hand over quite, vacate and peaceful possession of the respective premises in their occupation/possession to the Court Receiver on or before 11th May,2011, the Court Receiver shall without reference to this Court and if necessary with the help of the Police take forcible possession of the premises occupied by the alleged contemnors and hand over vacant possession of the same to the Petitioner M/s.J.Gala Enterprises. All the three Contempt Petitions are accordingly disposed of. (S.J.KATHAWALLA,J)