IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 43 OF 2010 IN NOTICE OF MOTION NO.1605 OF 2005 IN SUIT NO.1227 OF 1997 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Ms.Varsha Palav for the petitioner. Mr.Chirag Shah for the Respondent. CORAM : R.S. MOHITE, J. DATED : 10th June, 2010 P.C. :- 1 This is a contempt petition filed by the original plaintiff. Contempt alleged is that in the course of the arguments for disposing of the Notice of Motion No. 1605/2005, the learned counsel appearing for the Defendant No.1 made a incorrect statement to the court which was recorded by the court. The incorrect statement as alleged is as follows. “Defendant No.1 is in possession of the said premises as an agent of the Court Receiver and he has also filed an undertaking that he will not create any third party right”. 2 Though the defendant No.1 is not served in this contempt petition Mr.Chirag Shah who was appearing for defendant No.1 in the aforesaid notice of motion agrees that the statement made by him was incorrect. He states that incorrect statement was made on some misunderstanding on his part. He states that he had moved the matter before the same Judge for speaking to the minutes after admitting that his statement was not correct. I find that Notice of Motion No.1605/2005 appears to have been disposed off only on the basis of this incorrect statement by the counsel for the defendant No.1. The counsel for the defendant No.1 fairly states that he has no objection if the Notice of Motion No.1605/2005 is reheard on merits. In view of the fair stand taken by the advocate appearing for the defendant No.1, I do not find that this is a fit case where the contempt petition should be entertained. Contempt petition is therefore, dismissed. (R.S. MOHITE, J.)