IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION 367/2007 Sai Mandir Co-op.Housing Society Petitioners Vs. Dr.Pramod Jain and Anr. Respondents Mr.P.R.Arjunwadkar i/b Mr.E.R.Naik & Ms.Varsha Shinde for the petitioners Mr.R.Narula i/b M/s Jhangiani, Narula & Asso.for Res. Coram : S.J.Vazifdar,J. Date : 24th November,2008 P.C. 1] I am not inclined to take any action for contempt of court at this stage on the basis of the record as it exists .I am also not inclined to entertain this petition at this stage in view of the statement made on behalf of the concerned respondent. 2] Mr.Narula states that Flat no.A003 has not been used as hospital/clinic after the orders restraining the respondents from doing so have been passed. The statement is accepted.He further states that the respondents will not use the said flat as hospital/clinic .The statement is accepted. The petitioner has not adduced any evidence to indicate the breach of the said order. I am not inclined ,on the basis of 2 the visitor's book to take any action for contempt.The petitioner has not even approached the B.M.C.or sought appointment of any commissioner for ascertaining the facts. 3] At the request of the petitioner the Registrar,Judicial shall appoint an officer of this Court as a commissioner who shall visit the suit premises and make a report regarding the state thereof. The visit shall be in the presence of representative of both the sides.The report shall be filed in the Court and copies thereof shall be furnished to the parties.The Commissioner shall be at liberty to avail the services of a photographer. The cost of the Commissioner shall be paid entirely by the petitioner.An amount of Rs.10,000/- shall be paid in advance. The petitioner is at liberty to file a fresh petition if necessary. Petition is accordingly disposed of.