1 65cp382-09 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CONTEMPT PETITION NO. 382 OF 2009 IN CIVIL APPLICATION NO.3678 OF 2008 IN FIRST APPEAL NO.1397 OF 2008 M/s. Prasad Constructions .. Petitioner V/s. Saddashiv Tukaram Jawale (Since deceased through his LR’s) & others .. Respondents ..... Mr. J. S. Deo for the petitioner. Mr. V. A. Gangal with Mr. C. K. Nirmale for respondent No.1. ..... CORAM : A.S.OKA, J. DATE : DECEMBER 22, 2011. P.C.: Heard the learned counsel appearing for the parties. The breach alleged is of the directions contained in paragraph No.7 of the order dated 18th September, 2008, passed by a Division Bench of this Court. The stand taken in the reply filed by the first respondent is that the he did not receive any amount after August 2008 from M/s. Subhiksha. He has stated that he had filed a suit for recovery of the amount against M/s. Subhiksha and now, the said suit has been decreed. It is pointed out that the decree has been put to execution. 2 65cp382-09 2. The learned counsel appearing for the first respondent on instructions states that as and when the amount is recovered in execution proceeding, compliance will be made with the directions issued by this Court by order dated 18th September, 2008. The statement is accepted. 3. In view of this statement, as of today, no case is made out for initiating action under the Contempt of Courts Act, 1971. Contempt Petition is accordingly disposed of. 4. It is pointed out that the aforesaid statement made by the learned counsel appearing for the first respondent is subject to the outcome of the application made for modification of the order dated 18th September, 2008. (A.S.OKA, J.)