9911796707
TMI Blog2007 (10) TMI 726X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent : Shri Mukul Rohatgi, Sr Counsel with Shri Janak Dwarkadas, Sr Counsel, Shri Zal Andhyarujina, Shri Raj Panchamnia, Shri Alouwin Pai i/by Udwadia & Udeshi JUDGMENT: 1. The submissions of the learned counsel appearing for the parties were heard yesterday. In this Contempt Petition the breach alleged is of an ad-interim order passed by this Court on 30th June, 2006 in a Notice of Motion t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the said Respondents. 4. According to the case made out in this Petition, the first Respondent is not in possession of the suit property. It is alleged that the representatives of the first Respondent entered the premises and tried to fix an electricity meter in the said premises. It is stated that the said persons forcibly entered the suit premises and tried to install electric meter in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the learned counsel appearing for the Petitioner is that the first Respondent was never in possession on the date on which order dated 30th June, 2006 was passed and therefore, the attempt made by the first Respondent to fix electricity meter in the said premises constitutes a deliberate breach of the order of status-quo passed by this Court. 7. I have perused the affidavits filed on record. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to be maintained in terms of the said order dated 30th June, 2006. In my view, even assuming that an attempt was made by the first Respondent to fix an electricity meter, this is not a fit case for taking action against the concerned Respondents either under the Contempt of Courts Act, 1971 or under Article 215 of the Constitution of India. 8. Hence, the show cause notice issued under order dat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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