1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CONTEMPT PETITION NO.65 OF 2008 IN CHAMBER SUMMONS NO.60 OF 2006 IN WRIT PETITION NO.2242 OF 2001 Vishal Parekh ..Petitioner. Vs. Maker Tower ‘H’ CHS Ltd. and others ..Respondents. .... Mr. Q.M. Ashfaq for the Petitioner. Mr. R. Dhanuka with Ms Vaishali Chaudhari i/b A.R. Dhanuka for the Respondents. .... CORAM: DR. D.Y. CHANDRACHUD, J. 3rd November, 2009. P.C. : 1. At the hearing of the Contempt Petition, the only point that has been argued is that by the order dated 25th January, 2006 passed by a Learned Single Judge of this Court (Exhibit E to the Petition) costs of Rs.25,000/- were directed to be paid to Respondent Nos.1 to 4 to those proceedings in equal proportion. The grievance is that though the costs were paid, the amount paid towards costs was billed by the co-operative society to the Petitioner. 2 2. In paragraph 7 of the affidavit in reply it has been stated that on 11th August, 2009, an adjournment was sought on behalf of the First Respondent to take instructions as to whether the amount of Rs.25,000/- paid towards cost was debited to the account of the Petitioner as alleged. In the affidavit in reply, it has been stated that the allegation of the Petitioner is false. The Petitioner not being a member of the First Respondent, it has been stated that there was no question of debiting any amount to the account of the Petitioner. Moreover, the society has not debited any amount towards costs paid by the society to the Petitioner and to three other persons viz. Mr. Nitin Parekh, Mr.Niral Parekh and Mrs.Leena Parekh and in none of the bills raised by the society has the amount imposed towards costs been debited. 3. The aforesaid affidavit has been filed on 25th September, 2009 and until date the averment as aforesaid has not been traversed. In view of the statement made in the affidavit in reply, it is not expedient in the 3 interests of justice to pursue the exercise of the contempt jurisdiction. No other point has been urged. The Contempt Petition is accordingly dismissed. ****