KBP 1 cp348-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION CONTEMPT PETITION NO.348 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.N.V.Gangal, for petitioner. Mr.A.I.Patel, AGP for respondent no.1 CORAM : A.S.OKA, J. DATE : 13 th December, 2010 P.C. Heard learned counsel for the petitioner 2] The breach alleged is of following operative part of the order passed by this Court dated 23 rd October, 2008:- “3. Any injunction which has been passed in this dispute, namely, dispute No.102 of 2006, will not be a hurdle in the way of the petitioners for prosecuting the dispute No.79 of 1995 and defending dispute Nos.49 of 1995 and 59 of 1995.” 3] The assertions made in the affidavit in lieu of examination-in-chief filed by the fourth respondent in a pending suit of the year 2006 will not amount to any the breach of the order passed by this Court. When this Court passed the order, the suit was pending. In any event, this is not a case in which an action can be initiated under the Contempt of Courts Act, 1971. KBP 2 cp348-09.sxw 4] By keeping the rights and contentions of the petitioner open, the petition is disposed of. [ A.S. OKA, J.]