(1.) This Interim Application is filed in Contempt Petition No.63 of 2019 by the Applicant/Original Respondent - Prajeet Budhale seeking following reliefs :
(2.) The Contempt Petition is filed by the Original Petitioner - Ms.Anjali Ramnath Budhale alleging contempt of order dated 30th August, 2018 passed in Writ Petition No.9455 of 2018. The said Writ Petition was dismissed. As a result of dismissal of the said Writ Petition, this Court confirmed the order dated 18th June, 2018 passed by the learned Judge, Family Court No.3 below Exhibit-28 in Petition No.B-69 of 2017. By the said order dated 18th June, 2018, the learned Judge, Family Court No.3, Mumbai directed the present Applicant - Mr.Prajeet Budhale to clear arrears of EMI of Housing Loan borrowed by him for purchasing the suit flat and further directed to continue to pay regular EMI. By taking contention that the said order was not obeyed, Contempt Petition is filed.
(3.) In the Contempt Petition, learned Single Judge of this Court by order dated 18th June, 2019 directed the Petitioner - Ms.Anjali Budhale to co- operate with the bank for drawing the valuation of the property and further directed to handover peaceful possession of the flat No.21, IInd floor, B- Wing, Building No.III, Kalpataru Aura, L.B.S. Road, Ghatkopar (W), Mumbai 400 086 on or before 16th August, 2019 and further directed that the Respondent - Mr.Prajeet Budhale to pay amount of Rs.75,000/- before 10th of each month in the Petitioner's account and additional amount of Rs.25,000/- be paid commencing from 1st August, 2019. The learned Single Judge inter alia also recorded the statement of learned Counsel for the Petitioner - Anjali Budhale that she would withdraw all proceedings against the ICICI bank before the DRT and before any other forum in the interregnum.