1 CONPW17.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.17 OF 2011 IN WRIT PETITION NO.2102 OF 2010 KJ Vishwas P. Shinde )..Petitioner Versus Manish Mahal Co-operative Housing ) Society & Ors. )..Respondents ---- Mr.A.A.Siddiquie for the petitioner. Dr.K.K.Khanna for the respondents. ---- CORAM : S.J.KATHAWALLA,J DATE : 16th September, 2011 PC 1 By this contempt petition the learned Advocate appearing for the petitioner submits that the respondent no.1-society has committed willful contempt of the order passed by this Court dated 13.10.2010. The said order reads as under :- 2 CONPW17.11.sxw “The following order is passed by consent of the parties. i) The Fourth Cooperative Court shall hear the parties and dispose of Complaint No.382 of 1994 within a period of 12 weeks from the date of this order without insisting that the Petitioner should deposit an amount of Rs.8 lacs as ordered by the Fourth Cooperative Court, Mumbai by its order dated 9th July, 2009 and confirmed by the Cooperative Appellate Court by its order dated 23rd June, 2010. ii) All contentions of the parties are kept open. iii) Writ petition is accordingly disposed of.” 2 On behalf of the petitioner, it is submitted that despite the above order, the respondent no.1 has wrongly taken out attachment proceedings and has tried to attach the properties of the petitioner on 11.1.2011. The petitioner challenged the said attachment proceedings before this Court and the said attachment proceedings have been set aside. 3 In my view, the order dated 13.10.2010 records only a limited agreement between the parties that the fourth Cooperative 3 CONPW17.11.sxw Court shall hear the parties and dispose of the Complaint no.382 of 1994 within a period of 12 weeks from the date of the order without insisting that the petitioner should deposit an amount of Rs.8 lakhs as ordered by the Fourth Co-operative Court, Mumbai. Parties have accordingly proceeded before the Fourth Co-operative court and in fact an order is passed by the Fourth Cooperative Court in the said Complaint no.382 of 1994 which has been impugned before the appellate Court and again remanded to the Fourth Cooperative court. If the respondent no.1 has in the meantime, wrongly taken out any execution proceedings, the same would not constitute willful breach of the order dated 13.10.2010 and it is always open for the petitioner to challenge the said attachment and have the order set aside which the petitioner has already done. In view thereof, the Contempt petition is dismissed. (S.J.KATHAWALLA,J) 4 CONPW17.11.sxw