ash 1 cp-278.11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.278 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri N.V. Moye for the Petitioner. -- CORAM : A.S.OKA, J. DATE : 8TH DECEMBER, 2011 P.C.: . Heard learned counsel appearing for the Petitioner. After having perused the averments made in the Contempt Petition, it is apparent that the breach alleged is of a decree of perpetual injunction passed by the Trial Court which is not disturbed by this Court in an Appeal. 2. It is always a discretion of the Court whether to exercise the powers under the Contempt of Courts Act, 1971. In the present case, a remedy of executing the decree for injunction in accordance with the Rule 32 of Order XXI of the Code of Civil Procedure, 1908 is ash 2 cp-278.11 available. Hence, this is not a case where action can be initiated under the Contempt of Courts Act, 1971. The Petitioner can always adopt statutory remedy as indicated above. Hence, the Petition is disposed of. 3. Civil Application No.75 of 2011 does not survive and the same is disposed of. (A.S.OKA, J)