1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SHOW CAUSE NOTICE NO.207 OF 2008 IN NOTICE OF MOTION NO.4941 OF 2007 IN SUIT NO.2098 OF 2006 AYU IBRAHIM SHAIKH ..PETITIONER VS. MOHAMED AMIN SHAIKH & ORS ..RESPONDENTS Mr. J.G. Shukla i/b M/s G.H.Shukla and co., for the Petitioner CORAM: ROSHAN DALVI, J. DATED: 11th February, 2009 P.C.: 1.The suit has been filed against the Defendant No.1 to 5. The Plaintiff, Defendant No.1 and Defendant Nos. 3 to 5 are the heirs and legal representatives of their deceased mother. The suit property has been in the control and custody of the Defendant No.1. The Plaintiff as well as Defendant No.3 to 5 claim their share therein. Upon the filing of the suit Notice of 2 Motion came to be taken out. An order of injunction came to be passed on 27.07.2007 in terms of prayer (a) of Notice of Motion No.2768 of 2007, restraining Respondent No.1 & 2 from parting with possession and creating third party interest in the suit property inducting any third person, alienating, transferring, disposing of, dealing with or assigning the suit premises in favour of any third person in any manner. 2.Despite the order of injunction Defendant No.6 has been inducted in the suit premises under Sale Deed executed on 12.06.2007. 3.This court has considered the case of Defendant No.6 under the said Deed of Sale and found ulterior motive behind the transaction to defeat the order of injunction. 4.The Court Receiver has therefore been appointed and Defendant No.6 has been directed to pay royalty as well as provide security. 5.Defendant No.1, who sought to enter into the Sale Deed despite the order of injunction has been issued notice to show cause why action under the Contempt of Courts Act should not be taken against him. 6.The Show cause notice has been served through Thane District Court upon the wife of Defendant No.1 on 05.03.2008. She has accepted the service as stated in the 3 report of the bailiff dated 05.03.2008. The service has, therefore, been effected under the provisions of order 5 Rule 15 of the CPC. Despite service and despite the specific notice to remain present before this Court on each of the dates of hearing Defendant No.1 has failed to remain present in court. 7.Consequently action under the Contempt of Courts Act will be required to be taken against Defendant No.1. Since Defendant No.1/ Noticee has remained absent the only order required to be passed u/s 12 of the Contempt of Court Act would be simple imprisonment for a period of one month. Order accordingly. 8.Notice disposed of accordingly. 9.Mr. Shukla on behalf of Petitioners state that Defendant No.1 to evade service of any order that could be passed in the show cause notice has been residing with various family members within the jurisdiction of Bandra Kurla Complex police station. Hence the Senior Inspector of Bandra Kurla Complex police station shall execute this order. (Roshan Dalvi, J)