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Bombay High CourtCRCP/2/2011withdrawn

Mukesh Mansukhlal Kothari v. Dilip Mansukhlal Kothari And ORS

2018-12-21Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice N. J. Jamadar3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J. / CRIMINAL APPELLATE JURISDICTION CRIMINAL CONTEMPT PETITION NO.2 OF 2011 IN ARBITRATION PETITION NO.315 OF 2003 Mukesh Mansukhlal Kothari ...

Petitioner Vs.

Dilip Mansukhlal Kothari and Ors.

...

Respondents And Siddikabanu Abdul Rehman Sayed and Ors.

...

Contemnors ALONG WITH NOTICE OF MOTION NO.1658 OF 2012 IN CRIMINAL CONTEMPT PETITION NO.2 OF 2011 IN ARBITRATION PETITION NO.315 OF 2003 Nilesh Mansukhlal Patel ...

Applicant In the matter between Mukesh Mansukhlal Kothari ...

Petitioner Vs.

Dilip Mansukhlal Kothari and Ors.

...

Respondents And Siddikabanu Abdul Rehman Sayed and Ors.

...

Contemnors ALONG WITH NOTICE OF MOTION NO.1659 OF 2012 IN CRIMINAL CONTEMPT PETITION NO.2 OF 2011 IN ARBITRATION PETITION NO.315 OF 2003 Jorabhai Manorbhai Patel ...

Applicant In the matter between Mukesh Mansukhlal Kothari ...

Petitioner Vs.

Dilip Mansukhlal Kothari and Ors.

...

Respondents And Siddikabanu Abdul Rehman Sayed and Ors.

...

Contemnors

Mr. Rupesh Mandhre, I/by Sean Wassoodew, for the Petitioner. Ms. Priyanka Mehta, I/by M/s. Little & Co., for Contemnor Nos.3 and 4 in CP/2/2011 and for the Applicants in NMS/1658/2012 and NMS/1659/2012.

CORAM : K.K. TATED & N.J. JAMADAR, J.J.

DATE : 21 ST DECEMBER, 2018.

P.C. :

1.

Heard learned counsel for the parties.

2.

The learned counsel for the Petitioner submits that he has received instructions to withdraw this Contempt Petition, in view of the order passed by the Hon'ble Supreme Court in Civil Appeal No.3326 of 2016, along with Civil Appeal No.3327 of 2016, on 20th November 2018. The learned counsel for the Petitioner has submitted a statement in writing to that effect. The said statement is taken on record and marked as "X" for identification. 3.

In view of the order passed by the Hon'ble Supreme Court in Civil Appeal No.3326 of 2016, along with Civil Appeal No.3327 of 2016, and the statement submitted by learned counsel for the Petitioner, the Petitioner is allowed to withdraw this Contempt Petition.

4.

The Contempt Petition stands disposed off as withdrawn.

5.

In view of the above, Notice of Motion No.1658 of 2012 and Notice of Motion No.1659 of 2012 pending in the Contempt Petition, do not survive and the same stand disposed off as infructuous.

[N.J. JAMADAR, J.] [K.K. TATED, J.]