1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION APPEAL NO.2 OF 2008 APPEAL NO.2 OF 2008 APPEAL NO.2 OF 2008 IN IN IN CONTEMPT PETITION NO.176 OF 2005 CONTEMPT PETITION NO.176 OF 2005 CONTEMPT PETITION NO.176 OF 2005 Smt.Usha Harishchandra Mangeshkar .. Appellant vs. The Tilak Nagar Akshay Co-op. Hsg.Soc.Ltd. & Ors. .. Respondents Mr.Balasaheb Deshmukh for the appellant CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. Smt.V.K.TAHILRAMANI, JJ. DATE: 12TH MARCH, 2009 DATE: 12TH MARCH, 2009 DATE: 12TH MARCH, 2009 P.C. 1. Heard the learned counsel for the appellant. This appeal is directed against the order of the learned single Judge dated 18.01.2008 whereby the learned single Judge rejected the application of the appellant for restoration. 2. It is the case of the appellant that an order was passed by the First Co-operative Court in his favour. 2 It was directed that action be taken against the erring members of the Society. That order was passed on 18.11.2004. Thereafter, the appellant preferred Contempt Petition as according to him there was breach of the order dated 18.11.2004 inasmuch as they did not implement the order of the Co-operative court. The Contempt Petition was dismissed for default. Hence, Civil Application came to be filed for restoration. This Civil Application for restoration also came to be dismissed. Thereafter, second Civil Application was filed for restoration. The Court found that even though the reasons given by the applicant were not satisfactory, the application was allowed and contempt petition came to be restored to file. 3. Thereafter, the contempt petition again came to be dismissed for default on 06.03.2006 as none appeared for the appellant. Thereafter, Civil Application No.31 of 2006 was taken out for restoration of the said Contempt Petition. That application for restoration came to be dismissed on 28.03.2006 for non-prosecution as again none had appeared for the appellant. However, thereafter the application came to be restored subject to costs by order dated 19.04.2006. Thereafter 3 adjournment was sought by the appellant in the said matter. Adjournment came to be granted subject to cost of Rs.1500/- and it was also directed to file vakalatnama of the new advocate failing which the application was to stand dismissed for non-prosecution without further reference to the court. The order dated 04.05.2006 was not complied with. Hence, Civil Application came to be dismissed. 4. Thereafter, Civil Application No.169 of 2006 was taken out for restoration of Civil Application No.31 of 2006. However, Civil Application No.169 of 2006 also came to be dismissed in default. Thereafter, Civil Application No.63 of 2007 was moved for restoration. The learned single Judge held that the appellant was not at all diligent in dealing with the matter and rejected the application. 5. It is seen that on two occasions, Contempt Petition came to be dismissed for default and three Civil Applications for restoration also came to be dismissed for default. Hence, we cannot find any fault with the order of the learned single Judge. In any event, it is seen from the order dated 18.11.2004 4 passed by the Industrial Court that no personal relief was given to the applicant but only direction was issued to take action against the concerned erring members of the Society. Looking to the fact that the Contempt Petition itself has been dismissed for default on two occasions and the Civil Applications for restoration have been dismissed for default on three occasions, the learned single Judge was right in holding that it is not a fit case to restore the Civil Application No.169 of 2006. 6. We see no error or illegality in the order of the learned single Judge dated 18.01.2008. Hence, Contempt Appeal No.2 of 2008 is dismissed. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.) (Smt.V.K.Tahilramani, J.)