1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CONTEMPT PETITION NO.18 OF 2009 IN WRIT PETITION NO.1628 OF 2007 Prathamesh Pooja Co-op. Hsg. So. Ltd. ..Petitioner. Vs. M/s. Sailee Developers and others ..Contemnors. .... Mr. Rakesh Dave for the Petitioner. Mr. Sachin Mhatre for Contemnor Nos.1 to 4. Ms T.H. Puranik for the BMC . .... CORAM : DR. D.Y. CHANDRACHUD, J. 8th September, 2009. P.C. : 1. On 21st October, 2008 minutes of order signed by the parties were placed on the record of the Division Bench and the Petition came to be disposed of. The Contempt Petition came to be instituted for breach by Respondents 1 to 4 of the undertakings contained in the order passed by the Division Bench read with the minutes of order. On 23rd April, 2009 this Court had observed that prima facie there was a breach on the part of Respondents 1 to 4 in complying with the undertaking. The Contempt Petition has thereafter appeared for hearing on 18th June, 26th June, 21st 2 July, 23rd July, 27th July, 6th August and 18th August, 2009. From time to time payments have been made by Respondent Nos.1 to 4 in compliance with the directions issued by the Division Bench. Today it is an admitted position before the Court that the payments required to be made under clauses (1) and (2) of the minutes of order have been made, save and except for an amount of Rs.9,200/- which counsel appearing on behalf of the Contemnors states will be handed over during the course of the day to the Petitioner. The statement is accepted. 2. Apart from making the aforesaid payment, the minutes contemplate certain other steps that are to be taken by Respondents 1 to 4. Under clause (3) of the minutes of order Respondents 1 to 4 are to obtain a valid TDR utilization form and / or to pay premium for an enhanced FSI, whichever is applicable for the regularization of the entire building. Certain formalities were required to be completed with the Municipal Corporation for this purpose. Counsel appearing on behalf of the Municipal Corporation stated before the Court on instructions of Mr. Sanjay D. Kaundanyapure, that Respondents 1 to 4 have duly handed 3 over the market and parking lot as required by the Municipal Corporation yesterday. The Court has been informed by counsel appearing for Respondents 1 to 4 that the “U” form for permission to utilize TDR shall be submitted to the Municipal Corporation within a period of one week from today. Counsel appearing on behalf of the Municipal Corporation states that upon receipt of the “U” form the D.P. Department of the Corporation is expected to process the application within a period of 45 days upon which a communication will be addressed to the Building Proposal Department and, that subject to due compliance with all the requisite conditions by Respondents 1 to 4, the Corporation will process the application for the grant of an occupation certificate / regularization of the building in accordance with law. 3. Insofar as the property taxes are concerned, it has been stated on behalf of the Petitioner that all the taxes due and payable for the period until September 2009 have been paid over by the Petitioner to the Municipal Corporation and that copies of the receipts for the payment thereof shall be handed over to the advocate for Respondents 1 to 4 4 immediately. 4. There was undoubtedly a delay on the part of Respondents 1 to 4 in complying with the obligation assumed by them to effect payment in terms of clauses (1) and (2) of the minutes of order placed on the record before the Division Bench. However, during the course of the hearing of the contempt proceedings, counsel appearing for Respondents 1 to 4 had assured the Court that Respondents 1 to 4 were making serious efforts to raise the requisite finance in order to comply with their obligation. The Court had accordingly granted an opportunity to Respondents 1 to 4 to show their bonafides. Respondents 1 to 4 have already paid the amount of approximately Rs.1.29 Crores to the co-operative society and to the Municipal Corporation in compliance with the order passed by the Municipal Commissioner on 30th April, 2007. As already noted earlier, the balance remaining of Rs.9,200/- is to be paid during the course of the day. In that view of the matter, and since a genuine and bonafide effort has been made to comply with the order and the payment of money has already been effected, it would not be expedient in the interest of justice to pursue the exercise of the contempt jurisdiction. Insofar 5 as the compliance of the remaining obligations are concerned, the parties shall now comply with their statements recorded in the earlier part of this order in compliance with the directions contained in the minutes of order filed before the Division Bench. The Contempt Petition is accordingly disposed of. The notice shall accordingly stand discharged. *****