1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.281 OF 2002 Mustanshir Vakharia .. Petitioner V/s Jayant Chhaganlal Shah & Ors. .. Respondents Mr.A.I.Patel i/by Ms.Jyoti Chavan for the Petitioner. CORAM: A.S.OKA, J. DATE: 25th November, 2010. P.C.: 1. Adjournment is sought on the ground that the Advocate for the petitioner has left the Court. Contempt petition is called out for final hearing. Contempt is a matter between the Court and the contemnor and the presence of the Advocate for the petitioner is not necessary. 2. The breach alleged is of an ad-interim order passed by the civil court on 9th October, 2001. Perusal of the record shows that the 1st Respondent has died long back and the contempt petition has been dismissed as against the 3rd Respondent on 16th October, 2006. 3. The 2nd Respondent has filed an affidavit dated 6th October, 2006. In the affidavit he has disclosed that he is not a party to the suit in which ad-interim relief has been granted. In view of the the statement made in the affidavit of the 2nd Respondent, it cannot be said that the 2nd Respondent has committed a willful breach of an order dated 9th October, 2001, in as much as he is not a party to the said suit. No case is made out for taking action against the 2nd Respondent under the Contempt of Courts Act, 1971. Hence, Notice is discharged. Petition is disposed of . (A.S.OKA, J.)