Pooja Cooperative Housing Society Ltd. Through The Member Shri M.P. Mohan v. Municipal Commissioner And ORS

ash cp-193.14 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.193 OF 2014 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Bhushan Walimbe for the Petitioner.

Shri M.S. Athalye i/by Shri Satyajeet P. Dighe for the Respondent Nos.3 and 4. - CORAM :

A.S. OKA & A.K.MENON, JJ DATED : 11TH FEBRUARY 2015 P.C.:

.

Heard learned counsel appearing for the Petitioner. In terms of the assurances of the First and Second Respondents, the Writ Petition No.11334 of 2012 was disposed of by this Court by an order dated 2nd May 2013. There is an order passed by the Officer of the First Respondent on 5th September 2013. The contention of the learned counsel appearing for the Petitioner is that the Petitioner has not been heard before passing the said order. 2.

After having perused the order dated 5th September 2013, we are of the view that this is not a

ash cp-193.14 fit case where a notice under the Contempt of Courts Act, 1971 can be issued. However, it is always open for the Petitioner to challenge the order dated 5th September 2013 on all permissible grounds.

3.

Subject to what is observed above, the Petition is disposed of (A.K.MENON, J) (A.S.OKA, J)