Sipsons Pvt.Ltd. And ANR. v. Bombay Market Premises Co-Op.Society And ORS

ssm 1 220-cp95.02.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION CONTEMPT PETITION NO. 95 OF 2002 M/s. Sipsons Pvt. Ltd. & Anr.

....Petitioners.

Vs.

Bombay Market Co-op. Society & Ors.

....Respondents.

None for the Petitioners.

Ms. Rita Bhatia for Respondent Nos. 1 and 2.

Mr. Bipin Shah, Respondent No.2 present in the Court. CORAM:- ANOOP V. MOHTA, J.

DATE :- 27 FEBRUARY 2015.

P.C:- None appeared for the Petitioners.

The order of status-quo is of 18 April 2000. This Contempt Petition is filed alleging breach committed by the Society and its office bearers. The statement is made by the learned counsel appearing for the Society and Mr. Bipin Shah, who is office bearer of the Society and was office bearer at the relevant time, also, that the Society has to protect the interest of the Society's property by putting grill, door and the lock. The Society has also passed the resolution that, any member of the Society can use the terrace by asking the key from the Society office, by making appropriate application. 1/2

ssm 2 220-cp95.02.sxw Therefore, taking overall view of the matter, I see there is no contempt made out as such, which can be stated to be intentional. The connected Writ Petition was already disposed of on 20 July 2001. The action so initiated in the interest of Society, of which the Petitioner is also a member, can not be faulted with. No contempt is made out. However, the liberty is granted to the Petitioner to take out an appropriate Application.

The Contempt Petition is disposed of. All other orders, also stand vacated.

(ANOOP V. MOHTA, J.) 2/2