1 WP 5514.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 5514 OF 2010 Mr. Pradeep T. Datwani. ... Petitioner. V/s. Mrs. Mansi P. Datwani. ... Respondent. Mr. J.P. Cama, Sr. Counsel i/b. Mrs. T.F. Irani for the Petitioner. Mr. R.T. Lalwani for the Respondent. CORAM : R.Y. GANOO, J. DATED : 3rd MARCH 2011. P.C. :- Heard learned Counsels on both sides. The Respondent – wife filed an application in the Family Court, Mumbai praying that the proceedings be dismissed on the ground that maintenance has not been paid as per order dated 16th June 2008 and order dated 19th March 2008 being two independent proceedings. Learned Judge of the Family Court, Mumbai by order dated 29th June 2010 has passed a speaking order. This order is challenged in this Petition. 2. Learned Senior Counsel Mr. Cama appearing on behalf of the Petitioner drew my attention to order dated 14th January 2010 and another order in the said Writ Petition being order dated 1st February 2010. Learned Senior Counsel Mr. Cama wanted to argue before this Court that the Petitioner is not required to pay two amounts i.e. Rs.25,000/- and Rs.10,000/-. 2 WP 5514.10.sxw The Petitioner is required to pay only Rs.10,000/- and not Rs. 25,000/-. Learned Counsel for the Petitioner wanted to rely upon the text of order dated 1st February 2010 in support of this. 3. In my view, it would be proper for the Petitioner to move the Hon’ble Mrs. Justice Roshan Dalvi for clarification as regards both orders dated 14th January 2010 and 1st February 2010 passed in Writ Petition No. 9551 of 2009. After that clarification is obtained, it would be open for him to challenge the impugned order dated 29th June 2010 passed in Misc. Application No. 110 of 2010. Till that clarification is obtained, it would not be open for the Petitioner to press for quashing of order dated 29th June 2010. 4. On hearing this expression, learned Senior Counsel Mr. Cama applied for withdrawal of this Writ Petition. He sought permission to seek clarification in respect of order dated 14th January 2010 and 1st February 2010 passed in Writ Petition No. 9551 of 2009 and if necessary, file a fresh Petition challenging order dated 29th June 2010. 5. In view of the request, the Petition is allowed to be withdrawn. Liberty as suggested by the learned Senior Counsel for the Petitioner is granted. No views are expressed as of today as regards order dated 29th June 2010 passed in Misc. Application No.110 of 2010. (R.Y. GANOO, J.)