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Bombay High CourtCP/187/2012disposed off

Arunoday Industrial Premises Co-Operative Society Ltd., v. Mumbai Metropolitan Regional Developement Authority And ORS.

2017-07-07Hon'Ble Smt. Justice Vibha Vasant Kankanwadi,Hon'Ble Shri Justice A.S. Oka1 pages

25 cp 187-12=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CONTEMPT PETITION NO. 187 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders None for the Petitioners.

Mr. B.S. Nayak i/b Ms. Kiran Bagalia for the Respondent No.1. Mr. Manish Pabale, AGP for the State.

CORAM : A.S.OKA & SMT. VIBHA KANKANWADI, JJ.

DATE : 07th JULY, 2017 P.C.:

.

None appears for the Petitioners. Perused the petition and copies of the order of which breach is alleged. As the case of the petitioner is that a breach of interim order passed by a Civil Court has been committed, the remedy of the Petitioners is to invoke Rule 2A and Rule 11 of order XXXIX of Code of Civil Procedure, 1908.

As far as allegation regarding a breach of orders passed by this Court is concerned, we are of the opinion that the acts complained of, do not prima facie constitute willful or deliberate breach of order passed by this Court. Hence, there is no reason to entertain this Contempt Petition and the same is disposed of.

(SMT. VIBHA KANKANWADI, J.) (A.S.OKA, J.) Sneha Chavan 1/1