Nishant Construction Private ... vs More Retail Limited
2022 Latest Caselaw 5643 Bom

                                                                         43.conpl.14182.22..doc




                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
ANJALI
TUSHAR
         Digitally signed by
         ANJALI TUSHAR
         ASWALE
         Date: 2022.06.23
                                     CONTEMPT PETITION (L) NO. 14182 OF 2021
ASWALE   14:47:45 +0530


                                                              IN
                                          INTERIM APPLICATION NO.991 OF 2021
                                                              IN
                               COMMERCIAL EXECUTION APPLICATION NO. 10 OF 2021




                         Nishant Construction Pvt Ltd            ..Petitioner/Orig.Applicant
                                    Vs.
                         More Retail Ltd                         ..Respondent/Orig.Respondent



                         Mr.Rishabh Shah a/w Anshul Anjarlekar, Sukrit Parashar i/b Raval
                         Shah & Co, for the Petitioner.
                         Mr.Nirman Sharma a/w Varun Satiya, S. Mankar i/b S. R. Page, for
                         the Respondent.


                                                           CORAM:- B. P. COLABAWALLA,J.

DATE :- JUNE 21, 2022.

P. C.:

Not on Board.

                         2                This Contempt Petition is filed as it is the case of the


                         Aswale                                                               page 1 of 2
                                                 43.conpl.14182.22..doc

Petitioner/ Decree Holder that the Judgment Debtor had not complied

with the order dated 28th October, 2020.

3 The learned counsel appearing on behalf of the Petitioner

brought to my attention that no show cause notice has been issued in

the above Contempt Petition. He submitted that the Petitioner does not

wish to press the above Contempt Petition because the Judgment

Debtor has already deposited the entire decretal amount in a proceeding

before the Gujarat High Court. Further he has stated that the Judgment

Debtor has also filed the affidavit of disclosure as ordered.

4 In these circumstances, he seeks leave to withdraw the

above Contempt Petition. Considering the statements made on behalf

of the Petitioner, the above Contempt Petition is disposed of as

withdrawn. No order as to costs.

5 This order will be digitally signed by the Private

Secretary/Personal Assistant of this Court. All concerned will act on

production by fax or email of a digitally signed copy of this order.

                                        ( B. P. COLABAWALLA, J. )



Aswale                                                               page 2 of 2