Shri Jayesh D.Jhaveri (Huf) v. Khushman Co-Op. Hsg. Soc. Ltd.

ssm 1 240-cp147.05.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION CONTEMPT PETITION NO. 147 OF 2005 IN WRIT PETITION NO. 8221 OF 2004 Shri Jayesh D. Jhaveri (HUF) ....Petitioner.

Vs.

Khushman Co-operative Housing Society Ltd.

....Respondents.

None present.

CORAM:- ANOOP V. MOHTA, J.

DATE :- 20 FEBRUARY 2015.

P.C:- Called out from the final hearing board.

The Petitioner has filed this Contempt Petition against the Respondents-Society, as there was no compliance of order dated 25 October 2004 passed by this Court, ordering the Respondents-Society to give inspection of the documents pertaining to Flat No.8 as per SubSection (2) of Section 32 of the Maharashtra Co-operative Societies Act, 1960 (for short, "the MCS Act"). There is an affidavit placed on record by the Respondents-Society dated 6 October 2006, and thereby averred that the Respondents-Society has already given inspection of 1/2

ssm 2 240-cp147.05.sxw relevant documents, as per law along with the xerox copies of the documents, which the Petitioners have already acknowledged on 6 November 2005. Those documents are also placed in the record of this matter.

Therefore, in view of above affidavit, I see there is no case made out by the Petitioner to issue and/or to take contempt action under the Contempt of Courts Act. Even otherwise, the main matter must have been proceeded further.

The Contempt Petition is disposed of, with liberty. There shall be no order as to costs.

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