1 cp-109.10 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 109 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri S.S. Shah for the Petitioners. -- CORAM : A.S.OKA, J. DATE : 9TH DECEMBER, 2010 P.C.: . Heard Learned counsel appearing for the Petitioners. This is a case where a breach alleged is of an order of temporary injunction passed by the Civil Court in a pending suit. Learned counsel appearing for the Petitioners submitted that notwithstanding the provisions of Rule 2A of Order XXXIX of the Code of Civil Procedure, 1908, this Court can always exercise jurisdiction under the Contempt of Courts Act, 1971. 2. As far as the power of this Court is concerned, there cannot be any dispute regarding proposition canvassed by the learned counsel appearing for the 2 cp-109.10 Petitioners. However, the suit is pending. Rule 2A of Order XXXIX of the said Code confers power on the Trial Court to punish a person for committing breach of temporary injunction. As the suit is pending, it will be more convenient if the Trial Court goes into this aspect of the breach. Therefore, Contempt Petition is not entertained and the same is disposed of by keeping the remedy of the Petitioners open. (A.S.OKA, J)