1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.315 OF 2009 Jinendra N. Shah and ors. ..Petitioner. Vs. M/s. Zenal Construction Pvt. Ltd. and ors. ..Respondent. MS. S. Bangare i/by A.R.Mishra for the petitioner. Mr.A.A.Joshi for the Respondent No.1. Mrs.K.K.Soraan for the B.M.C. CORAM : R.S. MOHITE, J. DATE : 10th Sept.2009. PC: 1 This is a contempt petition alleging violation of the order of this court passed on 21.1.2009. It is seen that by the said order the respondent No.1 in this petition was restrained from effecting the further construction except according to sanctioned plan and no construction was permitted in excess of A and B wings. However, the respondent No.1 was permitted to continue the work of underground basement for a period of eight 2 weeks from the date of passing of the said order. The Advocate for the respondent No.1 states that respondent continued the work only for eight weeks and also filed an SLP. Statement is made that the respondents did not and will not carried out any construction in violation of the High Court order and have no intention to carry on prohibited construction unless reliefs are obtained from the Supreme Court. Statement is accepted. It may be mentioned here that, it is seen that the petitioner in his petition alleged that respondent No.1 started the construction work from 23.3.2009 and continued the same till 31.5.2009. In the notice given to the respondent No.1-contemnor however, it is stated that the construction work started from 2.4.2009. The present petition was filed on 2.9.2009 after considerable delay. In view of the acceptance of the statement made by the counsel for the respondent No.1, I am not inclined to entertain this petition hence, the same is rejected. (R.S. MOHITE, J.) 3