1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.174 OF 2004 IN CONTEMPT PETITION NO.45 OF 2000 IN SUIT NO.922 OF 1997 Dinky Mascarenhas ...Appellant v/s Pioneer Sales Agencies (P) Ltd. ...Respondents Mr M.P.S. Rao i/b M/s Deven Dwarkadas and Partners for Apellant. None for Respondents. CORAM : D.K. DESHMUKH AND V.R. KINGAONKAR JJ. DATE : 22ND MARCH 2010. 2 P.C. :- 1] By this appeal, the appellant challenges the order dated 23rd January 2004 passed by the learned Single Judge of this Court in contempt petition No.45 of 2000. So far as the present appellant is concerned, who was Director of the respondent No.2, he has been sentenced to undergo civil imprisonment for a period of two months and a fine of Rs.2,000/- has been imposed. The submission of the learned counsel appearing for appellant is that the main reason that weighed with the learned Single Judge for sentencing the appellant to undergo imprisonment is that the appellant, despite the Court asking him, did not agree to handover possession of the fourth floor of the suit premises. Now an affidavit has been filed by the Director of the respondent No.2 dated 22nd March 2010 which shows that on 28th January 2004 possession of fourth floor was handed over by the respondent No.2. It is further stated in the affidavit that possession of flat Nos.501 and 502 on the fifth floor of the 3 building was with the Court Receiver and the Court Receiver handed over possession of those flats on 6th February 2004, documents in support of these submissions have also been produced. From the affidavit referred to above and the documents filed with the said affidavit, it appears that the possession of the property has been handed over as per the Court s order. In our opinion, considering these subsequent developments, it will be in the interest of justice to modify the order passed by the learned Single Judge which is impugned in appeal in following manner. 2] The order of the learned Single Judge sentencing the appellant to undergo civil imprisonment for a period of two months is set aside. Rest of the order of the leaned Single Judge is confirmed. Appeal is disposed off. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. 4 Certified copy expedited. (JUSTICE D.K. DESHMUKH) (JUSTICE V.R. KINGAONKAR)