1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO. 126 OF 2010 IN SPECIAL CIVIL SUIT NO. 515 & 516 OF 2009 Surya Mining Company Pvt. Ltd. Vs. M/s Shri Shyambaba Rerollers Pvt. Ltd. & Ors. ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. S. V. Purohit Adv for petitioner. CORAM: K. U. CHANDIWAL J. DATED: 8 th JULY, 2010. Heard. Grievance of the plaintiff is ,inspite of there being injunction below Ex. 5 in Special Civil Suit No. 515 and 516 of 2009 it is disobeyed by the defendants and consequently the contempt. 2. The grievance of the plaintiff is, after the disturbance, application was moved to police, however it was not attended to. Activities of the disturbance stalling construction of the plaintiff 2 continued. These facts were brought to the notice of the learned Judge dealing with the matter and an application for police assistance was moved. Said application is pending decision. In the meantime the defendant has approached the learned District Judge where he did not get any relief. The novel way adopted by the defendant is to make an application in terms of Section 24 Civil Procedure Code for getting the matter transferred from Learned Civil Judge Senior Division. The plaintiff feels, in such scenario his user and rights in the property are stalled and for no obvious fault plaintiff is suffering agony due to course adopted by defendant using machinery of the Court to intimidiate him. With all said and done, the learned Judge seized with the matter shall ensure to decide the application for police assistance on its own merits uninfluenced by transfer application pending before the learned District Judge. 4. Present application for contempt is disposed of allowing the plaintiff to take appropriate 3 proceedings in terms of order 39 Rule 2(A) of Civil Procedure Code. Liberty to move for early hearing . JUDGE svk