Paavan Residency Condominium v. Vimal Khandelwal

Digitally signed by VARSHA VIJAY RAJGURU Date:

2024.03.21 10:13:37 +0530 VARSHA VIJAY RAJGURU 44-cp-109-2024.doc varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 109 Of 2024 IN NOTICE OF MOTION NO. 1621 OF 2023 IN S.C. SUIT NO. 1204 OF 2023 Paavan Residency Condominium ... Petitioner

Versus

Shri Vimal Khandelwarl and Anr ... Respondents AND Vimal Khandelwal ... Contemnor Mr. Manoj Mhambrey a/w. Mr. Jensish Kansara, Sampoda Channa for Petitioner.

CORAM : GAURI GODSE, J.

DATED : 18th MARCH, 2024 P.C. :- 1.

This contempt petition is for alleging breach of order dated 6th May 2023, passed by the City Civil Court in Notice of Motion filed by the petitioner in the Suit. It is alleged that there is breach of adinterim order passed in the application. 2.

Learned counsel for the petitioner submits that interim Page no. 1 of 2

44-cp-109-2024.doc application is still pending. By order dated 6th May 2023, ad-interim relief was granted in terms of prayer clause(a) in the application filed in the suit seeking temporary injunction. The said order is passed under Order XXXIX, Rule (1) of the Civil Procedure Code. The petitioner has a remedy to make an application under Order XXXIX, Rule 2-A of the Civil Procedure Code for the breach if any of the said order. I do not see any reason to entertain the contempt petition, when the remedy is already available to the party to approach, same Court. Normally this court need not entertain the contempt petition when alternate remedy is available. Since, the proceedings are already pending before the Civil Court grievance made by the petitioner can be better adjudicated by the same Court. 3.

Hence, contempt petition is dismissed. Petitioner is at liberty to file an appropriate application before the City Civil Court for agitating the grievance of breach of the order dated 6th May 2023. (GAURI GODSE, J.) Page no. 2 of 2