1 conpw40-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Contempt Petition No. 40 of 2010 in Writ Petition No.568 of 2009 Kalavati Mahadev Karpe & Another .. Petitioners v/s. Mumbai Building Repair and Reconstructions Board & Ors. ..Respondents Mr.A.G.Damle i/b. Shukla & Shukla for the Petitioner Mr.S.P.Thorat for the Respondent-MHADA CORAM : R.Y.GANOO, J. DATED : 4th March, 2011 P.C. : 1. Affidavit of Mr. Raut and affidavit of Mr. Mathapati are filed by learned Counsel Mr. Thorat. Same are taken on record. Respondent shall issue offer letter and in the said offer letter what charges are payable for the purpose of getting the vacant and peaceful possession of the premises will have to be mentioned. He further submits that MHADA should get back the papers concerning the old premises and in particular vacation notice, rent receipts and other documents so 2 conpw40-10.sxw that the identity of the person to whom the premises are to be allowed can be finalized and subsequently there will be no dispute as regards entitlement of the petitioner to get the premises. Upon receipt of the relevant documents, within 15 days MHADA shall issue to plaintiff letter. On receipt of the monies mentioned in the offer letter, MHADA shall hand over the possession with 15 days. In view of the above, following order is passed. ORDER i) The petitioners are directed to deliver to the concerned Officer of the respondents documents pertaining to the old premises including rent receipts, vacation notice. After receipt of these documents respondents shall issue offer letter in favour of Mrs. Kalavati Mahadeo Karpe /K.B.Irani/M.S.Karpe/V.S.Karpe. Petitioner Mrs. Karpe shall pay to the respondents the amount mentioned in the offer letter within the period of 7 days from the receipt of the said offer letter and after the monies are paid the respondents shall offer the vacant and peaceful possession of the tenament namely 411, B Wing, Vatvruksha Co-op. Hsg. Society, Girguam, Mumbai within 15 days to Mrs. K.M.Karpe. 3 conpw40-10.sxw 2. Once Mrs. Karpe receives vacant and peaceful possession of the above tenament, neither Irani or the other persons whose names are found in the Vacation Notice shall have grievance against the respondents and the respondents cannot be held liable for not giving possession to Irani etc. 3. In view of the above arrangement, contempt petition stands disposed of with no order as to costs. [R.Y.GANOO, J.]