1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.205 OF 2008 Shri Jehangir Adi Wadia & ors. : Appellants versus Simla House Co-operative Housing Society Limited & ors. : Respondents. Shri. Ahmed Sayed with Ms.Amitha Poojari i/by M/s.Consult Legal for the Appellants. Shri Suneet Moholkar i/by Mr.Gabriel Pillai for Respondent No.1. Ms.Kranti S S Anand for Respondent No.2. CORAM : R.M.SAVANT, J. DATED : JANUARY 23, 2009 P.C. 1. The learned counsel for the Respondent No.1 tenders an Affidavit of one Mr.Tawheed Sofia, the Hon.Secretary of Respondent No.1. In the said affidavit it has been stated that the present Managing Committee of the Respondent No.2 is the newly elected committee which took over the charge on 14th November 2008. It has been further stated that issue of compliance of the order dated 14th January 2008 (of which the contempt is alleged) was considered and the Managing Committee has taken a decision to carry out the 2 repairs as per the said order dated 14th January 2008. 2. In para 5 of the said affidavit the Deponent has also given an undertaking to the extent mentioned in the said Para. 3. The learned counsel for the Petitioners Shri Ahmed Sayed is satisfied with what has been stated in the said Affidavit as also the undertaking mentioned in Para 5 thereof. 4. The statements made in the said Affidavit and the undertaking mentioned in Para 5 thereof are accepted. In view of the said Affidavit, there is now no warrant to proceed with the Respondents in the contempt jurisdiction. The above Contempt Petition is accordingly disposed of. 5. The learned counsel for the Respondent No.1 Shri Moholkar states that the in view of disposal of the above Contempt Petition, the Respondent No.1 does not desire to press the Civil Application No.2460 of 2008 and, the same is accordingly disposed 3 of. 6. The learned counsel for the Petitioners Shri Ahmed Sayad states that a fresh cheque of Rs.25,000/- is being handed over to the learned counsel for the Respondent No.1 in Court in terms of the said order dated 14th January 2008. Fresh cheque had to be issued as the earlier pay order issued by the Petitioners remained to be encashed, and since it had out lived its validity period, the said pay order was returned by the Respondent No.1 to the Petitioners. 7. On behalf of the Respondent No.2, the learned counsel for the Respondent No.2 Mrs.Kranti S Anand, on instructions, makes a statement that the Respondent No.2 will also make payment of Rs.25,000/- to the Respondent No.1 as directed by the order dated 14th January 2008. [R.M.SAVANT, J]