1 cp145.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CONTEMPT PETITION NO. 145 OF 2009 Mr. V. Satheya Narayan Iyer ...Petitioner. Vs. Mr. Suresh Rajaram Pawar ...Respondent. Mr. P.J.Thorat, Advocate for the petitioner. Mr. A.S. Rao, Advocate, for the respondent. CORAM : J.H.BHATIA, J. DATE : 30th September, 2010 P.C.: 1 Heard. 2. The present petitioner had filed Regular Civil Suit No.405 of 2005 against Kalyan-Dombivli Municipal Corporation in respect of certain contracts with the Corporation. Pending suit some injunction order was passed by the trial Court. Alleging the contravention of that order an application was moved under Order 39 Rule 2-A of Civil Procedure Code for taking action against the concerned officers of the Corporation. On that application, the respondent, who was then Deputy Commissioner had given an undertaking that till further orders from the Court, no action will be taken by the Corporation. 2 cp145.09.sxw That undertaking was given on 23-4-2007. The present contempt petition was filed on 1-12-2008 contending that there was breach of the said undertaking on 15-7-2008. 3. In view of the above circumstances, when already application under Order 39 Rule 2-A was filed before the trial Court and in that proceeding undertaking was given, either the same application should have been pursued or fresh application should have been filed before the trial Court for taking action against the officer, who committed breach of the order. The trial Court would be in better position to see whether there was really any reach of the order or not. Instead of that the petitioner preferred to file contempt petition before this Court. Not only this, the learned Counsel for the petitioner also concedes that after the expiry of the contract period, the suit was disposed of probably as withdrawn and thus no decree was passed in favour of the petitioner. 4. In view of the above circumstances, I do not see any valid reason to continue the proceeding in the present contempt petition. Therefore, contempt petition is dismissed. (J.H.BHATIA, J.)