- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.10 OF 2003 IN SUIT NO.2359 OF 1999 Shri.Liladhar Vasantrao Chogle. ...Petitioner (orig.Deft.no.2) VS. Shri.Ratnakar Vasantrao Chogle ...Respondent (contempnor/ Orig.plaintiff) --- Mr.Sanjay Udeshi i/b. Sanjay Udeshi & Co., for Petitioner. Mr.S.R.Mishra, for Respondent. CORAM: D.K.DESHMUKH, J. DATED: 29TH JANUARY,2007. DATED: 29TH JANUARY,2007. DATED: 29TH JANUARY,2007. P.C.: 1. According to the petitioner, the original plaintiff has committed breach of his undertaking contained in Clause 14 of the consent terms which were filed by the parties before this Court. Perusal of clause 14 of the consent terms shows that the plaintiff was to provide to the present petitioner Transferable Development Rights of 312 sq. meters or - 2 - thereabouts within a period of three months and on transfer of those TDR the defendant no.2 i.e. present petitioner was to release his share, rights title and interest in some land which is mentioned in clause 14. Thus, clause 14 incorporated a reciprocal arrangement between the parties. The plaintiff was to give TDR and the petitioner was to release the land. Because, according to the petitioner, the plaintiff has not transferred the TDR, the petitioner is entitled to retain the land. I do not see any aspect of contempt involved. The petition is disposed of. ---