1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CONTEMPT PETITION NO.320 OF 2009 (M/s.S.P.Exhibitors V/s.Shri.Devanand B.Kurale) Office Notes, Office Memorandum | Court’s or Judge’s Orders of Coram, Appearances, Cour’s orders | or directions and Registrar’s orders | Mr.A.B.Borkar for the petitioner. Coram: A.S.OKA, J. Date : 18th November, 2010 P.C.: 1. The breach alleged is of sub-clause (iii) of clause 4 of the judgment and order dated 17th July, 2006 passed in the First Appeal. The allegation is that the claim for refund of stamp duty has been denied in breach of the said sub clause in the order of this Court. 2. The contemnor was not a party to the first appeal or to the suit from which first appeal arose. This is not the case where action can be initiated against the contemnor under the Contempt of Courts Act. 3. If the relief of refund is erroneously rejected contrary to the orders of this Court, the remedy of the petitioner is to challenge the action independently. By keeping the said remedy open, petition is disposed of. (A.S.OKA, J.)