1 cp315.08 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CONTEMPT PETITION NO. 315 OF 2008 IN APPEAL FROM ORDER NO. 11 OF 2004 [ Kalpita Builders Pvt. Limited vs. Pravinkumar Jeenabhai Patel & Ors.] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.B. Kale, Advocate for petitioner. Mr. A.S. Bajaj, Advocate for R-1. Mr. V.B. Patil, Advocate for R-5. CORAM : S.S. SHINDE, J. DATE : 4TH OCTOBER, 2011 PER COURT : . Repeated request is made by the learned Counsel for the petitioner for filing rejoinder affidavit. This Court passed detail order on 26-09-2011. Order dated 26-09-2011 reads thus : "1. The learned Counsel appearing for the petitioner prays time for filing 2 cp315.08 rejoinder affidavit. In fact, on the last date of hearing this Court orally observed that, the judgment and order passed by this Court was assailed before the Apex Court, and the Apex Court has modified the said judgment and order and also issued some directions. Therefore, in substance, this petition alleges contempt of the order passed by the Honourable Supreme Court. This Court cannot entertain the contempt of the order passed by the Honourable Supreme Court. Powers under Article 129 of the Constitution of India can be exercised only by the Supreme Court. However, to give one more opportunity to the counsel appearing for the petitioner, S.O. to 4th October, 2011. No further adjournment will be granted." 2. Since the judgment and order of which disobedience has been alleged in this contempt petition, has been subsequently modified by the order of the Apex Court, if the petitioner is aggrieved, he can file Contempt petition before the Apex Court. However, it is not possible for this Court to adjudicate this contempt petition, since 3 cp315.08 the order of which disobedience has been alleged in this contempt petition has been modified by the Hon'ble Apex Court. 3. In that view of the matter, nothing further survives in the contempt petition, same stands disposed of. Notice stands discharged. [S.S. SHINDE, J.] sut/OCT11