1 CONPW 05.09.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 05 OF 2009 IN WRIT PETITION NO. 1667 OF 2005 Om Shanti Co-op. Housing Society Ltd. ... Petitioners. V/s. M/s. Nishanta Builders Pvt. Ltd. & Anr. ... Respondents. Mr. V.R. Dhond, F. Dubhash i/b. Dastur Dadhich & Kalambi for the Petitioners. Mr. N.N. Bhadrashete for the Respondents. CORAM : R.Y. GANOO, J. DATED : 18th FEBRUARY 2011. P.C. :- This Petition is filed on the ground that the undertaking given by the Respondents in Writ Petition No.1667 of 2005 has not been complied with and that has resulted in violation of the order dated 21st June 2007 and such violation amounts to contempt. 2. I have heard learned Counsel for the Petitioners. The relevant undertaking which is found in paragraph 2 of the undertaking dated 18th July 2006 is as follows :- “ We further undertake that on registration of the society, within the period of four weeks we will give a draft conveyance for the approval of the society and on 2 CONPW 05.09.sxw approval of the said conveyance by both the parties and on the society making payment of stamp duty and paying registration charges on the said conveyance, we will execute the said conveyance within the period of two weeks and attend the office of the Sub-Registrar for admitting the execution of the conveyance.” 3. Learned Counsel for the Petitioners contended that within four weeks from 4th December 2007 i.e. the day on which the Society was registered, the conveyance has not been executed. Grievance is made about the inaction on the part of the Respondents in complying with the undertaking. 4. I have perused the undertaking dated 18th April 2006. The undertaking furnished contains events to took place one after the other and it is not as if the compliance of the undertaking was solely in the hands of the Respondents. The participation of the Petitioners was equally necessary. In my view, at the end of a particular period, non-execution of conveyance cannot be equated with violation of the undertaking given by the Respondents. 5. For the reasons mentioned aforesaid, I am inclined to observe that no case is made out. The Petition is required to be rejected at the stage of admission and are accordingly rejected. There shall be no order as to costs. (R.Y. GANOO, J.)