IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION SHOW CAUSE NOTICE NO. 365 OF 2004 SHOW CAUSE NOTICE NO. 365 OF 2004 SHOW CAUSE NOTICE NO. 365 OF 2004 IN IN IN CONTEMPT PETITION NO. 13 OF 2003 CONTEMPT PETITION NO. 13 OF 2003 CONTEMPT PETITION NO. 13 OF 2003 IN IN IN ARBITRATION PETITION NO. 514 OF 2001 ARBITRATION PETITION NO. 514 OF 2001 ARBITRATION PETITION NO. 514 OF 2001 Abdul Rehman Mohammed Yusuf Khan Abdul Rehman Mohammed Yusuf Khan Abdul Rehman Mohammed Yusuf Khan & Anr. ...Petitioners & Anr. ...Petitioners & Anr. ...Petitioners Vs. Vs. Vs. Dr.Dineshkumar Biharilal Bhatt & Ors. ..Respondents Dr.Dineshkumar Biharilal Bhatt & Ors. ..Respondents Dr.Dineshkumar Biharilal Bhatt & Ors. ..Respondents Mr. Deepak Chitnis i/b. M/s. Chitnis Vaithy & Co. for the petitioners. M/s. Chitnis Vaithy & Co. for the petitioners. M/s. Chitnis Vaithy & Co. for the petitioners. Ms. Midi Thakkar i/b. Vipul Shukla for Respondent Ms. Midi Thakkar i/b. Vipul Shukla for Respondent Ms. Midi Thakkar i/b. Vipul Shukla for Respondent No.1. No.1. No.1. CORAM CORAM CORAM: S.K.SHAH,J. S.K.SHAH,J. S.K.SHAH,J. DATE DATE DATE : 31st March,2006. 31st March,2006. 31st March,2006. P.C. P.C. P.C. 1. I have heard learned Counsel on both sides. they 1. I have heard learned Counsel on both sides. they 1. I have heard learned Counsel on both sides. they have filed Minutes of Order dated 17.3.2006. The have filed Minutes of Order dated 17.3.2006. The have filed Minutes of Order dated 17.3.2006. The Minutes of Order are taken on record and marked "X". Minutes of Order are taken on record and marked "X". Minutes of Order are taken on record and marked "X". Order in terms of the Minutes of Order. Order in terms of the Minutes of Order. Order in terms of the Minutes of Order. 2. The learned Counsel for the Respondent No.1 2. The learned Counsel for the Respondent No.1 2. The learned Counsel for the Respondent No.1 states that whatever has been stated in para 2 shall states that whatever has been stated in para 2 shall states that whatever has been stated in para 2 shall be taken as an undertaking given by the Respondent be taken as an undertaking given by the Respondent be taken as an undertaking given by the Respondent No.1. The undertaking is accepted. In view of the No.1. The undertaking is accepted. In view of the No.1. The undertaking is accepted. In view of the fact that unconditional apology is tendered by the fact that unconditional apology is tendered by the fact that unconditional apology is tendered by the Respondent No.1 and the fact that Respondent No.1 is Respondent No.1 and the fact that Respondent No.1 is Respondent No.1 and the fact that Respondent No.1 is suffering from paralytic stroke, I accept the suffering from paralytic stroke, I accept the suffering from paralytic stroke, I accept the unconditional apology. unconditional apology. unconditional apology. 3. The Show Cause Notice is discharged. 3. The Show Cause Notice is discharged. 3. The Show Cause Notice is discharged. 4. As regards the amount of Rs.3,00,000/-, if any, 4. As regards the amount of Rs.3,00,000/-, if any, 4. As regards the amount of Rs.3,00,000/-, if any, action has been taken by the Respondents Nos. 2 to 5. action has been taken by the Respondents Nos. 2 to 5. action has been taken by the Respondents Nos. 2 to 5. The Respondent No.1 will be at liberty to withdraw the The Respondent No.1 will be at liberty to withdraw the The Respondent No.1 will be at liberty to withdraw the amount. amount. amount. 5. The Respondent No.1 shall not create any third 5. The Respondent No.1 shall not create any third 5. The Respondent No.1 shall not create any third party rights and comply with the order dated 29.1.2001 party rights and comply with the order dated 29.1.2001 party rights and comply with the order dated 29.1.2001 passed earlier by this Court. passed earlier by this Court. passed earlier by this Court. Contempt Petition stands disposed of. Contempt Petition stands disposed of. Contempt Petition stands disposed of. ---- ---- ---- (S.K.SHAH,J.) (S.K.SHAH,J.) (S.K.SHAH,J.)