1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.58 OF 2008 IN NOTICE OF MOTION NO.1290 OF 1983 IN SUIT NO.1570 OF 1983 Mahesh Ambalal Patel .. Petitioner Versus Virgina Anthony Misquitta & Ors. .. Respondents Mr.Nimish Desai for petitioner Mr.Mustafa S. Doctor with Prashant Ghelani i/b. Vinod Mistry & Co. for respondent Nos. 1, 2, 4 to 13 and 15 to 19 Mr.Harish Pandya with Tejas Joshi & Pranita Mhatre i/b. Shaunak Satpute && Co. for respondent No.20. CORAM : S.C.DHARMADHIKARI, J. DATE : 24th July 2009. P.C.: 1] Heard Mr.Desai for petitioner. Mr.Doctor appears for respondent Nos. 1 to 19. Perused the affidavits filed in reply and the additional affidavit so also the order passed on 2nd December 2008 in Notice of Motion No.3850 of 2008 in Suit No.3091 of 2008. 1 2] It is common ground that the contempt petitioner is one of the defendants in Suit No.1570 of 1983. He is alleging that the plaintiff in that suit has interfered with the possession of the Court Receiver and in fact violated the order of the Court directing that the property is custodia legis and Court Receiver, High Court, Bombay stands appointed as Receiver thereof. After repeated queries from the Court as to how the petitioner substantiates his allegations that the property which is the subject matter of a development agreement, a copy of which is annexed as Annexure A to the contempt petition, is the very property of which the Court Receiver has been appointed, the Counsel was unable to point out, save and except some letters addressed by one of the respondents (respondent No.20) to this Contempt petition. 3] From a perusal of the same, it is not clear that the property covered by the present petition and subject matter of the order of this Court is identical to that of the development agreement. On the other hand, there are affidavits filed by respondent Nos. 1 to 9. In the last affidavit filed on 21st April 2009, respondent Nos. 1 to 19 relied upon a plan which is annexed as Exh.1. They have demarcated and marked the portion thereon 1 of which the Court Receiver has been appointed by this Court vide order dated 18th August 1983 and 24th January 1984. This plan also shows and identifies the property which is forming subject matter of the development agreement executed between respondent Nos. 1, 3 to 19 and 20 to this Contempt Petition. 4] Mr.Doctor and Mr.Pandya in all fairness state that this plan, about which there is no dispute raised shows that a portion marked in Red colour falls within the development agreement entered into by their clients. However, upon taking instructions from their respective clients, they make a statement that the said portion earmarked and identified in Red Colour would not be forming part of the development agreement and Receiver's possession thereof, in any manner would not be obstructed or interfered with. That is a portion which would be excluded from the purview of the transaction between their respective clients, if at all, it falls within the purview of the development agreement. 5] Apart from the fact that the petitioner must come forward and substantiate his allegations that there is a violation of the order of this 1 Court passed way back in the year 1983-84 and that the Court Receiver's possession is being interfered with, additionally I find that a dispute with regard to identification of the property covered by this Court's order does not come within the purview of the Contempt Jurisdiction. The contempt petition is misconceived and liable to be dismissed. More so, in the light of the clarification given by the respondent Nos. 1, 3 to 19 and 20 that they so abide by their statements made in the affidavit dated 21st April 2009 and not in any manner interfere with Receiver's possession in respect of the property, portion of which has been identified and demarcated in Red colour on the plan Exh.1 to the affidavit of respondent No.1 dated 21st April 2009. Contempt Petition is dismissed. Show cause notice does survive and stands discharged. (S.C.DHARMADHIKARI, J)