Raymond Limited v. Hemant Khandelwal And 2 ORS

1/1 12.CONP-61-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.61 OF 2016 IN SUIT NO.2940 OF 2006 Raymond Limited ....Petitioner Vs.

Hemant Khandelwal and Ors.

....Respondents ---- Mr. Hiren Kamod a/w. Mr. Vaibhav Keni and Mr. Sumeet Rane i/b. M/s. Legasis Partners for petitioner.

None for respondents.

---- CORAM : K.R.SHRIRAM, J.

DATE : 19th JUNE 2019 P.C.:

Petitioner is alleging contempt of an ex-parte decree passed by this Court on 1st July 2015. I have perused the ex-parte decree. There is no undertaking given by defendants to this Court so therefore, the question of deliberately or willfully breaching any order or undertaking given to the Court does not arise. Mr. Kamod states that petitioner has an option either to execute the decree or come to the Court for contempt. It is settled law that if there is a decree which is executable the question of contempt does not arise.

Petition dismissed.

(K.R. SHRIRAM, J.) Gauri Gaekwad