1 34 contp 20.11.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINL CIVIL JURISDICTION CONTEMPT PETITION NO. 20 OF 2011 IN SUIT NO. 1512 OF 2009 Shapoorji Pallonji & Company Limited ..Petitioners. Vs. Jignesh Shah & Others ..Respondents. Mr. Chirag Balsura a/w Ms. Vedpathak i/b Maneksha & Sethna for petitioners. Mr. S.A. Sawant for Respondents. CORAM : K.K.TATED, J. DATED : 26/08/2011. PC: 1 Heard the learned counsel for the parties. 2 The Petitioner - original Plaintiff filed this Contempt Petition under the Contempt of Court Act, 1971 for taking action against the Respondents - original Defendants for violating the order dated 13th December, 2010 passed by this Court in Notice of Motion no. 945 of 2 34 contp 20.11.doc 2010 in Suit No.1512 of 2009 for not furnishing a list containing the names and addresses and other particulars of persons with whom the Contemnors have entered into transactions of sale or any other type of transaction in respect of any part of the suit property – Crescent Tower situate at plot bearing C.S. no.1/725 and 725 (Part), Malabar Hill Division, Malbar Hill, Tardeo, Mumbai and also to furnish to the Petitioners copies of all the documents so executed by and between the Respondents and any other third party in whose favour such statutory rights are created. 3 The learned counsel appearing on behalf of the Petitioners states that in Notice of Motion no.945 of 2010, this court passed order on 13th December, 2010 and Notice of Motion made absolute in terms of prayer clause (b) which reads thus: “(b) pending the hearing and final disposal of this suit, this Hon’ble Court may kindly be pleased to order and direct the Defendants to forthwith furnish to the Plaintiffs a list containing the name(s), address(es) and other particulars of persons with whom the Defendants have entered into any transaction(s) of sale or any other type of transaction in respect of any part of the suit property – 3 34 contp 20.11.doc Crescent Tower situate at C.S. 1/725 and 725 (Part), Malbar Hill Division, Malbar Hill, Mumbai and also furnish to the Plaintiff within the time prescribed by this Hon. Court the copies of all the documents so executed by and between the defendants and any third party in whose favour such third party rights are created by the defendants.” 4 He submits that though the Petitioners by their letter dated 5th January, 2011 called upon the Respondents through their advocate to comply with the order passed by this Court on 13th December, 2010 in Notice of Motion no. 945 of 2010, the Respondents failed to furnish the required information to the Petitioners. He further submits that as the Respondents failed to comply with the order dated 13th December, 2010, they preferred the present Contempt Petition against the Respondents – original Defendants. He submits that this is a fit case where the contempt proceedings to be instituted against the Respondents for violating the order dated 13th December, 2010. 5 On the other hand, the learned counsel appearing on behalf of the Respondents vehemently opposed the present Contempt Petition. He submits that the Respondents - original Defendants already 4 34 contp 20.11.doc complied with the order dated 13th December, 2010 passed by this court in Notice of Motion No. 945 of 2010. The Respondent no.1 filed his affidavit-in-reply dated 18th June, 2011. In the said affidavit-in- reply, Respondent no.1 in para 5 stated that in pursuance of the order passed by this court on 13th December, 2010, the details with regard to the third party right in the property were duly communicated to the Advocate, Solicitors of the Petitioner. He relies on the letter dated 20th April, 2011 annexed to the said affidavit. The learned counsel appearing on behalf of Respondents states that Respondents filed additional affidavit dated 26th August, 2011 of Respondent no.1. In the said affidavit, Respondent no.1 categorically stated that Respondents are ready and willing to comply with the remaining part of the order dated 13th December, 2010 passed in Notice of Motion no. 945 of 2010 within three weeks from today. The said affidavit is taken on record. 6 In view of the additional affidavit filed by Respondent no.1 stating that he is ready and willing to comply with the remaining part of the order dated 13th December, 2010 passed by this court in Notice of Motion no.945 of 2010, I do not find any reason to entertain the 5 34 contp 20.11.doc present Contempt Petition. The statement made by the learned counsel appearing on behalf of Respondents after taking instructions from Respondent no.1 who is present in the court states that Respondents undertake to comply with the order dated 13th December, 2010 passed by this court in Notice of Motion no.945 of 2010 within three weeks from today is accepted. In view of this statement, nothing survives in the Contempt Petition and the same is disposed of accordingly. (K.K.Tated, J.)