Metro Developers Co v. Balijitsingh Niranjansingh Bamrah, Thru. Poa Sarabjitsingh N Bamra And ORS

P2-CP-448-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 448 OF 2016 Metro Developers Co.

...Petitioner

Versus

Baljitsingh Niranjansingh Bamrah & Ors.

...Respondents

---------- Mr. Zubin Behramkamdin, a/w Ms. Saloni Kapadia, and Mr. Rahul Soman, i/b Solomon & Co., for the Petitioner. ---------- CORAM :

G.S. KULKARNI, J.

DATE :

19th December 2016 ORDER :

1.

Not on board. Taken on board on a praecipe as moved on behalf of the Petitioner.

2.

This Contempt Petition has been filed alleging the contempt to the ad-interim order dated 22nd July 2016 passed by the learned Trial Judge in L.C. Suit No. 1520 of 2016. The Notice of Motion in which this order came to be passed, itself is pending before the learned Trial Judge. The grievance is that the status quo as granted by the learned Trial Judge has been violated. In these Sharayu.

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P2-CP-448-16.doc circumstances, remedy for the Petitioner is to approach the Trial Court. It is not the case that the learned Trial Judge has no jurisdiction to initiate any Contempt action against the Respondents. In the circumstances, this Contempt Petition cannot be entertained and is disposed of with liberty to the Petitioner to approach the Trial Court. No costs.

[G.S. KULKARNI, J.] Sharayu.

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