KANAIYALAL NANDLAL MEHTA Vs. BHAVNABEN SHAMJIBHAI BARAD

JUDGEMENT

(1.) By way of this contempt petition, it has been alleged that there is a willful defiance of the order dtd. 26/9/2022 passed in Special Civil Application No. 14518 of 2021, wherein the following direction were issued;-

(2.) Pursuant to the notice having been issued by this Court vide order dtd. 17/3/2023, when the matter is taken up for hearing, Mr. Munshaw, learned advocate has tendered an affidavit in reply on behalf of opponent No.3-Executive Engineer Public Health and Mechanical Division, Gujarat Water Supply & Sewerage Board, affirmed on 27/4/2023, in which, it has been categorically undertaken that the entire exercise of payment would be completed latest by 25/5/2023. Following is the paragraph incorporated in the said affidavit.

(3.) In view of aforesaid specific undertaking in writing, we deem it proper to close contempt proceedings. Since it has been assured specifically that actual payment would be made to the petitioner on or before 25/5/2023. Accordingly, we drop the contempt proceeding. However, liberty to revive is reserved in favour of the petitioner, in case of any difficulties. Notice stands discharged.