1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONTEMPT PETITION NO. 65 OF 2007 Pallavi Co-operative Housing Society Ltd. ... Petitioner. V/s. Mrs. Preeti Ganpat Tari & Ors. ... Respondents. Mr. P.M. Mokashi for the Petitioner. Mr. Ketan A. Chothani with Mr. Jagdish Chodankar for Respondents 1 and 2. CORAM : S.C. DHARMADHIKARI,J. DATED : 5th APRIL 2010. P.C. :- From the record it appears that undertakings contained in Clauses 8 and 9 of the Consent Terms were not complied with was the complaint of the Petitioner. 2. The record further reveals that as far as clause 9 is concerned that is complied with by obtaining completion certificate from the Municipal Corporation. 3. Mr. Mokashi states that he has yet to obtain instructions with regard to execution of conveyance deed. The complaint is that there are no instructions as to whether the conveyance deed is duly registered. 2 4. Clause 8 of the terms read as under :- “8. The Deed of Conveyance dated 20th April, 1994 executed in favour of Respondent No.1 by Dhondu Sowar Keni and Others was lodged for registration in the office of the Sub-Registrar of Assurances at Bombay under Serial No. BBM/1450 of 1994 and is still pending for compliance. The Respondent No.2 hereby agrees and undertakes to comply with all the requisitions, such as obtaining the Income Tax Clearance Certificate, N.O.C.s. etc., and get the conveyance duly registered within a period of one year from the date of execution of this Consent Terms.” 5. From a bare reading of this clause it is apparent that the conveyance deed has already been executed but it was lodged for registration and there were certain compliances which were not made according to the Petitioner. 6. On one occasion, this Court directed issuance of notice to the parties under the Stamp Act to find out as to whether the requisite compliance has been made or not. 7. To my mind if the certificates as stipulated in the clause are not obtained and any compliance is remained to be done, it is open to the Petitioner to resort such remedies as are available in law. Needless to state that disposal of the 3 proceedings before this Court as also before the Trial Court would not constitute bar because these are subsequent events and would give rise to fresh cause of action. 8. The Contempt Petition is not the remedy of the Petitioner any longer. It is accordingly disposed off. (S.C. DHARMADHIKARI,J.)