KBP 1 cp9-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CONTEMPT PETITION NO.9 OF 2010 IN SHORT CAUSE SUIT NO.4317 OF 1996 (Hiraben Vs. Surykant) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.S.A.Ahmed, for petitioner.. Mr.P.S.Pravin, for respondent nos.2 to 4. Mr.S.K.Lanke, for respondent no.1. CORAM : A.S.OKA, J. DATE : 22 nd November, 2010. P.C. The breach alleged is of a decree passed by the Civil Court. It is not in dispute that an application for execution of the said decree is pending. Learned counsel for the petitioner submitted that in view of the contemptuous conduct of the Respondents, this court can exercise the powers under the Contempt of Courts Act, 1971. 2] Admittedly, application for execution of the decree is pending. There is no undertaking given by the respondent. Hence, this is not a fit case to exercise the jurisdiction under the Contempt of Courts Act, 1971 at this stage. Petition is disposed of. [ A.S. OKA, J.] KBP 2 cp9-10.sxw