- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION No. 74 OF 2008 IN SUMMARY SUIT No. 1351 OF 2000 M/s. S. P. Capital Financing Ltd. ... Petitioner Vs. Simplex Enterprises & Anr. ... Respondents *** Mr. Pankaj Shah, for the Petitioner. Mr. Amit Shaikh, for Respondents. *** CORAM : V. M. KANADE, J. DATE : AUGUST 11, 2009. PC :- 1. Heard the learned counsel appearing on behalf of the petitioner. This contempt petition has been filed by the petitioner alleging that the respondents have committed contempt as a result of non compliance of order dated 7th April 2008, passed by this Court in Chamber Summons No. 1296 of 2006 by the respondents/ judgment debtors. A judgment and decree was passed in favour of the petitioners herein. It is contended that by an award the respondents were directed to pay Rs. 30 lakhs to the plaintiff. During the course of hearing of the Chamber Summons, this Court had given time to the respondents to pay the balance sum with interest on or before 31-8-2008. It is submitted by the learned - 2 - counsel for the petitioner that in spite of specific directions being given by this Court, the respondent has not been complied with the directions and the balance decreetal amount has not been paid. In my view, non payment of the balance decreetal amount will not amount to non-compliance of the order passed by this Court dated 7th April 2008. This Court by the said order was pleased to give six months time to the respondents to pay the balance decreetal amount. No undertaking was given by the respondents that they would pay the said amount within the aforesaid period an as such, therefore, in my view no contempt has been committed by the respondents herein. The petitioner will be at liberty to take appropriate proceedings for the recovery of the balance decreetal amount. Contempt Petition therefore, is dismissed. The contempt petition is disposed of in above terms. [ V. M. KANADE, J.]