1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.39 OF 2008 IN CONTEMPT PETITION NO.176 OF 2008 M/s.Master Education Society : Petitioners. Versus The State of Maharashtra & ors. : Respondents. And Sumit Jain : Respondent. Shri S.G.Deshmukh for the Petitioners. Shri D A Patil AGP for Respondent No.1. Shri G.S.Hegde for Respondent Nos.2 and 3. Shri P Y Shankar i/by R C Dhurve for Respondent Nos.4 and 6. Shri S P Kadam for Respondent No.5. CORAM : R.M.SAVANT, J. DATED : JANUARY 23, 2009 P.C. 1. By the above Civil Application, the Applicant prays for being permitted to amend the Contempt Petition No.176 of 2008 so as to add Respondent No.6 whose name is mentioned in the cause title of the above Civil Application. 2 2. The Applicant also prays for grant of order of injunction restraining the Respondent No.6 from carrying on any work of construction on Survey No.30(1) Part, village Sopara, Dist.Thane until the Respondent No.2 decides the application made by the Petitioners pursuant to the orders of this Court dated 5/5/2008 in Writ Petition No.2792 of 2008. 3. The above Contempt Petition has been filed alleging breach and violation of the order dated 5/5/2008 passed by the Division Bench of this Court. In so far as present Civil Application is concerned, the last four lines of the said order are material and are reproduced herein under :- “Till the respondent no.2 decides the application to be submitted by petitioner, respondent no.4 & 5 shall not carry out any development in pursuance to the plan which is sanctioned and Commencement Certificate which is granted by respondent No.2. 4. In reply to the Contempt Petition, the Respondent No.4 has 3 filed an affidavit wherein para 3 is material and is reproduced herein under :- “I say that the Petitioner was well aware that by a registered Development Agreement dated 7th June, 2007 bearing registration no.7414/07 with Sub-Registrar of Assurance, Vasai No.3 (Nallasopara), I had given Development rights of my property to M/s.Poonam Universal Construction, a sole proprietary concern through its proprietor Mr.Sumit Jain having office at 453, 2nd floor, Chikhal House, Kalbadevi Road, Mumbai 400 002 (hereinafter referred to as the said Developer). I say that I had also executed a registered Power of Attorney dated 7th June, 2007 bearing registration no.7415/07 with Sub-Registrar of Assurances, Vasai No.3 (Nallasopara) in favour of the said Developer. I say that under the said Agreement, I had handed over the possession of my said property to the said Developer and given the right to enter the property and carry out construction activities on the said property in accordance with the necessary building permissions and other applicable rules and regulations. I crave leave to refer and rely upon 4 the said Agreement and Power of Attorney as and when required. 5. The above Civil Application has been filed for joining the said M/s.Poonam Universal Construction through its proprietor Mr.Sumit Jain in view of what has been stated in Para (3) of the said Affidavit. In view of the fact that the Respondent No.4 has given development rights to the proposed Respondent No.6, in my view, impleadment of the Respondent No.6 is necessary as the Respondent No.6 would now be bound by the said order dated 5.5.2008. 6. On behalf of the Respondent No.6 various contentions were sought to be raised which were principally defences that the Respondent No.6 may have to the Contempt Petition. However, in so far as impleadment is concerned, in the light of what has been stated by the Respondent No.4 in his affidavit in reply, in my view, impleadment of the Respondent No.6 is necessary. Since it is the allegation of the Applicant that the development activities are being carried on the Plot in question in breach of the order of the Division 5 Bench of this Court dated 5/5/2008, though the same is denied by the learned counsel for the Respondent No.6, in my view, the reliefs in terms of prayer (b) are required to be granted. 7. The above Civil Application is accordingly allowed in terms of prayer clauses (a) and (b). 8. The amendment to be carried out within a period of one week from date and copy of the amended Contempt Petition to be served on the Respondent No.6 within two weeks thereafter. The Respondent No.6 thereafter to file his affidavit in reply if so advised. 9. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J]