: 1 : conp-72-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 72 OF 2010 IN SUIT NO. 1427 OF 2002 Mansoor Abbas Lokhandwala .. Petitioner v/s. Minhaz Mansoor Lokhandwala .. Respondents & Ors. ......... Mr. D.H. Mehta i/b Ms. J.P. Thakkar for the petitioner ......... CORAM : R.Y.GANOO, J. DATE : 26th NOVEMBER, 2010 P.C. : 1. Heard learned Counsel for the petitioner. This contempt petition is filed by alleging that defendant no. 2 had undertaken not to create third party rights and / or part with possession more particularly set out in paragraph 7 of order dated 27th June, 2002 sought in Motion No.1213 of 2002 in Suit No.1427 of 2002. The said order dated 27th June, 2002 was challenged before the learned Division Bench and in the said order, undertaking is given by respondent no.2 that he will not create third party rights and / or alienate the suit flat. 2. Learned Counsel appearing for the petitioner relied upon Police Report filed by Senior Inspector of Police, Colaba Police Station where : 2 : conp-72-10=.sxw he has observed that Mrs. Payal Agarwal is granted associate membership and record to that effect is found in the Society’s record. 3. It was submitted by learned Counsel for the petitioner that grant of associate membership to Mrs. Payal Agarwal has the effect of violating the orders passed on 27th June, 2002 as well as order dated 14th October, 2002. Looking to the spirit of these two orders and purpose for which the said orders were sought as also looking to the fact that Mrs. Payal Agarwal has been granted associate membership, the stand of the petitioner that respondent no.2 has violated the two orders, cannot be accepted. An associate member does not secure full- fledged rights in membership of a Co-operative Society. His / her rights are absolutely limited as stated in the Maharashtra Co-operative Societies Act and even if these rights are held by Mrs. Payal Agarwal, that does not cause any prejudice to the petitioner. For the reasons mentioned aforesaid, I am inclined to observe that no prima-facie case is made out for entertaining this contempt petition. Hence, contempt petition is dismissed. There shall be no order as to costs. (R.Y.GANOO, J.)