1 42 contp 34.11.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINL CIVIL JURISDICTION CONTEMPT PETITION NO. 34 OF 2011 IN WRIT PETITION NO. 854 OF 2010 Subhash Amolakchand Gandhi ..Petitioner. Vs. Mr. R.S. Rathod & Ors. ..Respondents. Mr. Kishor Sain a/w Ms.Nisha Parmar for the petitioner. Mr. G.W. Mattos, AGP for the respondents/State. CORAM : K.K.TATED, J. DATED : 26/08/2011. PC: 1 Heard the learned counsel for the parties. 2 This Contempt Petition is filed by the Petitioner for taking action against the Respondents for not complying the order dated 9th February, 2011 passed by this court in Writ Petition No. 854 of 2010. 3 The learned AGP appearing on behalf of Respondents filed affidavit of Respondent no.3 Ramesh Yeshwant Bhoye stating that 2 42 contp 34.11.doc Respondent no.3 will comply the order dated 9th February, 2011 on or before 2nd September, 2011. Respondent no.3 given undertaking to that effect to this Court and also stated in para no.4 of the said affidavit. Para 4 of the said affidavit reads thus: “4 I say that the said documents shall be registered by my office by 2nd September, 2011 and I shall personally ensure that upon registration of the said documents and preparation of Index II in respect thereof, the same are duly handed over to the Petitioner on 2nd September, 2011 itself. I say that this will be done by my office notwithstanding the notice dated 9th May, 2011 issued by my office to the Petitioner and in the peculiar facts and circumstances of the present case and shall not be treated as a precedent.” 4 The undertaking given by Respondent no3. is accepted. 5 In view of the affidavit filed by Respondent no.3 and undertaking given by him, I do not find any reason to take action against the Respondents under the Contempt of Court Act. 3 42 contp 34.11.doc 6 It is made clear that if the Respondents failed to comply the order dated 9th February, 2011 passed by this court in Writ Petition no.854 of 2010 on or before 2nd September, 2011 in that case, the Petitioner have liberty to take appropriate proceeding on the same cause of action. 7 Contempt Petition is disposed of accordingly. (K.K.Tated, J.)