Precision Wires India Limited v. Msc Transformers Private Limited

18-CP-430-2023.docx rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 430 OF 2023 Precision Wires India Limited ...

Petitioner Vs.

MSC Transformers Private Limited ...

Respondent Mr. Shakun Jain for the Petitioner.

CORAM : GAURI GODSE, J.

DATE :

2nd JANUARY 2024 P.C.

1.

Heard. This Contempt Petition is filed seeking to take action against the respondent nos. 1 and 2 for non-compliance of the judgment and decree passed by the City Civil Court on 28th November 2022 in Commercial Summary Suit No. 365 of 2022. By the said judgment and decree the Commercial Suit filed by the petitioner is decreed directing the respondents to pay the decretal amount. The said decree is an executable decree.

Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2024.01.03 10:15:47 +0530 RAJESHWARI RAMESH PILLAI 1/2

18-CP-430-2023.docx 2.

Contempt Petition's jurisdiction is always discretionary. Normally Contempt Petition alleging breach of a judgment and order of a civil court will not be entertained, as the decree is executable. 3.

Hence, Contempt Petition is dismissed.

4.

Petitioner is at liberty to take appropriate steps for execution of the decree.

[GAURI GODSE, J.] 2/2