ash 1 cp-389.11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.389 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. None for the Petitioners. -- CORAM : A.S.OKA, J. DATE : 14TH DECEMBER, 2011 P.C.: . None appears for the Petitioners. Perused the Contempt Petition. Allegation in the Contempt Petition is that the Contemnors have committed breach of the Decree dated 26th August, 2010 passed in a suit filed by the Petitioners. The remedy of the Petitioners is to execute the Decree. If there is a breach of the Decree for injunction, then the Petitioners can always take recourse to Rule 32 of Order XXI of the Code of Civil Procedure, 1908. Hence, this is not a case where action can be initiated under the Contempt of Courts Act, 1971. ash 2 cp-389.11 2. Subject to what is observed above, the Contempt Petition is disposed of. (A.S.OKA, J) 3. Mentioned by Shri Ramprakash Pandey, the learned counsel appearing for the Petitioners at the end of the day. The order passed in the morning session is recalled. 4. Heard the learned counsel appearing for the Petitioners. He submits that though the breach alleged is of a decree, the execution will take long time. Hence, this Petition be entertained. The allegation in the Contempt Petition is that the Contemnors have committed breach of the Decree dated 26th August, 2010 passed in a suit filed by the Petitioners. The remedy of the Petitioners is to execute the Decree. If there is breach of the Decree for injunction, then the Petitioners can always take recourse to Rule 32 of Order XXI of the Code of Civil Procedure, 1908. Delay in process of execution is no ground to invoke contempt jurisdiction which is to be used sparingly. Hence, this is not a case ash 3 cp-389.11 where action can be initiated under the Contempt of Courts Act, 1971. 5. Subject to what is observed above, the Contempt Petition is disposed of. ( A.S. OKA, J )