Peter C Bain By Lrs Sandra P Bain v. Yusuf Shaikh

24-CP-57-2024.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 57 OF 2024 Peter Colman Bain by LRs Sandra P Bain & Anr

...Petitioners

Versus

Yusuf Shaikh & Anr

...Respondents

Mr. B.S. Nayak, for the Petitioner.

CORAM

AVINASH G. GHAROTE, J.

DATED:

11th June, 2024 PC:- 1.

Heard Mr Nayak, learned Counsel for the Petitioners. The contention is that the order dated 11.10.2011 passed in Notice of Motion No. 1847 of 2010 in Suit No. 1848 of 2010, in which the Commissioner has recorded a statement of the Defendants to the extent that they will not carry out any ARUN RAMCHANDRA SANKPAL tenantable repairs or structural modifications or alternations to the suit property has been violated, for which the reliance ARUN RAMCHANDRA SANKPAL Date: 2024.06.11 19:59:41 +0530 is placed upon the Commissioner's Report dated 10.11.2013. 2.

For the purpose of demonstrating violation of aforesaid undertaking it was necessary to the Petitioner to place on

24-CP-57-2024.DOC record the factual position as in existence on the date of recording of the undertaking on 11.10.2011 which is absent. 3.

The Commissioner's report merely relies upon the statement of the Plaintiff which, is unverified and therefore cannot form the basis for issuance of the notice of contempt. 4.

I therefore, not find any case for violation being made out. Therefore, I find no reason to issue notice. 5.

The Petition is therefore dismissed. No costs. (AVINASH G. GHAROTE, J)