LH OF SAROJBEN KIRITBHAI SHAH Vs. AMITABEN HEMANTBHAI JARIWALA, CHAIRMAN OF SWAMI VIVEKANAND NAGAR COOPERATIVE HOUSING SOCIETY

JUDGEMENT

(1.) The present captioned applications are filed by the applicants praying for initiating the contempt proceedings, both civil as well as criminal under Ss. 2(b) and 2(c) of the Contempt of Courts Act, 1971, against the respondents.

(2.) The proceedings emanate from the judgment and order dtd. 21/6/2022 passed by the learned Single Judge in Special Civil Application No.8530 of 2019 and the judgment and order dtd. 23/1/2023 passed by the Division Bench of this Court in Letters Patent Appeal No.1075 of 2022, which was filed against the aforesaid judgment and order dtd. 21/6/2022 passed by the learned Single Judge in SCA No.8530 of 2019.

(3.) It is the case of the applicants, who are the legal heirs of Sarojben Kiritbhai Shah (original respondent No.9.1), that the respondents - Developer and the Society have committed civil contempt by not following their commitment of paying monitory benefits to the applicants arising from the Memorandum of Understanding (in short, "the MoU") dtd. 2/4/2019, and criminal contempt by obtaining the orders from this court through misleading and false inducement.