-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 89 OF 2004 IN NOTICE OF MOTION NO. 1764 OF 2001 IN SUIT NO. 2390 OF 2001 Kilburn Engineering Ltd. ..Petitioners Vs. IIT Capital Services Ltd. and Anr. ..Respondents/ Contemnor .... Mr.Rahul Chitnis i/b Udwadia Udeshi for Petitioners Mr.S.Jain with Mr.Sahu i/b S.K.Shrivastav for Respondents .... CORAM : A.S.AGUIAR,J. CORAM : A.S.AGUIAR,J. CORAM : A.S.AGUIAR,J. DATE : JANUARY 14,2005 DATE : JANUARY 14,2005 DATE : JANUARY 14,2005 P.C.: P.C.: P.C.: 1. Heard learned advocates for the parties. 2. The petitioners who are defendants in Suit No.2390 of 2001 allege contempt of this Court’s order (Coram:F.I.Rebello, J.) dated December 12, 2001 directing the plaintiffs to sell machinery after notice to the defendants. It is alleged by the petitioners- defendants that the plaintiffs- respondents failed to give notice as directed by the order dated 12th December, 2001. 3. Learned advocate for the respondents-plaintiffs -2- states that notice as contemplated by the said order, has in fact, been served upon the petitioners. The said notice is annexed as Exhibit-1 to the affidavit dated 15.10.2004 of the constituted attorney of respondents. It is alleged that the said notice was tendered to the Security Guard of the respondents on 19th May, 2003. Though the Security Guard accepted the letter he refused to sign the acknowledgement. Affidavit dated 19th November, 2004 to that effect has been filed by Mr.Shinde the Peon-cum-delivery boy of respondent no.1. In the circumstances, it is clear that no contempt has been committed of the Court’s order. Hence, petition dismissed and disposed of. [ A.S.AGUIAR,J.]