IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.56 OF 2005 IN NOTICE OF MOTION NO.726 OF 2005 IN SUIT NO.648 OF 2005 Yusuf Ismail Turk and Ors. ...Plaintiff /Petitioner Vs. Francis Wacziarg Agencies Pvt. Ltd. and Ors....Defendants --- Mr. Vishal C. Ghosalkar for Plaintiff / Petitioner Mr. C.D. Abuwalla i/b. Dave and Co. for Defendant No.1 ---- CORAM: V.M. KANADE J. DATED 21ST JULY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Original Plaintiff. 2. Contempt Petition is taken out by the Plaintiff for non- compliance of the order passed by this Court dated 4th April, 2005. 3. This Court, by the said order has directed the Contempnor to file an affidavit, explaining his conduct. The Court had noted that since the observations which were likely to be made in the said order, an adverse inference was likely to be made against the Notary. He was directed to explain the conduct and accordingly an opportunity was given to the Notary to submit his Say. The Notary has not chosen to file his affidavit and, therefore, this contempt petition has been taken out by the Plaintiff. 4. The Plaintiff has filed this suit for declaration and possession against the Defendant Nos.1 and 2. It was the case of the Plaintiff that the flats sold by the Defendant No.2 to Defendant No.1 was on the basis of the forged power of attorney. Notice was issued to the Notary, who had notarized the said power of attorney. His statement has been recorded by this Court, in which he has stated that he did not make any entry in the register which is required to be maintained by him as he did not findd it necessary to do that. By the said order dated 4th April, 2005, the Court felt that since adverse order was likely to be passed against the Notary, an opportunity shall be given to him to file an affidavit. The Notary, however, has not filed any affidavit so far. In my view, no contempt has been committed by the said Notary. This Court had given opportunity to the Notary. Since he has not submitted his explanation, an adverse inference will be drawn for not tendering his explanation for not registering the said documents in the register. Contempt Petition, therefore, does not survive and disposed of. Show Cause Notice is discharged. V.M. KANADE J.