1 5.conp-3-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi CONTEMPT PETITION NO. 3 OF 2009 IN NOTICE OF MOTION NO. 2308 OF 2001 IN SUIT NO. 3231 OF 2001. Sarvajanik Shikshan Sanstha & Ors. ..Petitioners. vs. Yehoshva Ashton & Ors. ..Respondents. .... Mr. Rajesh Datar, for Petitioners. Ms. Smita Sawant, i/b. Bilawala & Co., for Respondent No.5. Mr. Vaibhav A. Sugdare, i/b. L.D. Shah & Co., for Respondent No.6. .... CORAM : S.J. KATHAWALLA, J. DATE : 21ST DECEMBER 2011. P.C. : By this Petition, the Petitioners have alleged that Respondent Nos. 5 and 6 have willfully and deliberately violated the orders dated 3rd October 2001 and 15th January 2004 (Exhibits ‘E’ and ‘F’ to the Contempt Petition) and the undertaking given to the Learned Arbitrator (Exhibit ‘K’ to the Contempt Petition) by transferring in the year 2008 the right, title and interest of Respondent No.5 in the Suit property in favour of the Respondent No. 6. 2. Admittedly, Respondent No. 5 has expired. The Respondent No. 6 was not a party to any of the proceedings before this Court. The Suit in which ad-interim and interim orders dated 3rd October 2001 and 15th January 2004 were passed, itself stood disposed of by an order of this Court dated 20th November 2006. Admittedly, 2 5.conp-3-09 attention of Respondent No.6 was never drawn to the statement made by Respondent No.5 in the Arbitration proceedings that he had no intentions of creating third party rights in respect of the Suit property. In view thereof, the Petitioners have not made out any case of willful breach of the orders by the Respondent No.6. The Contempt Petition is therefore dismissed. [ S.J. KATHAWALLA, J. ]