LAWS(BOM)-2008-9-19

HARSHAWADAN BANDIVADEKAR Vs. TARAMATI HARISHCHANDRA GHANEKAR

Decided On September 16, 2008
Harshawadan Bandivadekar Appellant
V/S
Taramati Harishchandra Ghanekar Respondents

JUDGEMENT

(1.) By this Appeal, the Appellant is challenging the judgment and order of the learned Single Judge dated 20th April,2007 in the above Notice of Motion. The Respondents (Petitioners in the Contempt Petition) formed a Co-operative Housing Society named Swarupanand Co.Op. Housing Society in respect of a certain property, for which they had appointed the Developers M/s.S.B.Brothers Developers, a partnership firm, of which Appellant is a partner.

(2.) The Respondents had filed a Writ Petition in this Court, which had been disposed of by an order dated 18/06/2002, perusal of which shows that; On 03/05/2002, the Appellant being a partner of the Developer firm had filed an undertaking that the construction of the building for accommodating the Respondent-Slum-dwellers would be completed and that they would be given possession of their respective premises within the period of 24 months from the date of the order. An affidavit to that effect was filed by the Appellant in this Court, the Court accepted the said undertaking and consequently disposed of the Petition.

(3.) However, the Appellant had failed to abide by his undertaking within the stipulated period of 24 months which expired on 18/06/2004.