1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.276 OF 2009 Suryakant Sharadprasad Sharma . .. Petitioner V/s M/s.Noble Construction & Ors. .. Respondents Mr.S.J.Chaurasia i/by M/s.Ashoka Law Firm for the petitioner. CORAM: A.S.OKA, J. DATE: 18th November, 2010. P.C.: 1. Heard learned counsel appearing for the petitioner. The breach complained of is of the following part of the order passed by this Court on 2nd May, 2008:- “The construction has already commenced. There is no warrant for stopping the construction at this stage. Respondent Nos.1 to 3 shall however inform any third parties in whose favour they may seek a right in the remaining portion of the building and shall inform them of the pendency of the proceedings.” 2. The allegation in the petition is that while executing agreement in favour of 3rd parties, the Respondent Nos.1 to 3 have not incorporated any clause therein regarding pendency of the suit and the proceedings. 3. The order of this Court does not direct that such clause shall form part of the agreements. Therefore, there was no requirement of incorporating such clause in the agreement itself. No case is made out for initiating action under the Contempt of Courts Act, 1971. Petition is disposed of. (A.S.OKA, J.)