DEVANSHI ENTERPRISE Vs. NATRAJ CINEMA

JUDGEMENT

(1.) This is an application preferred by the applicant alleging the contempt of Court and making the following prayers.

(2.) We have heard learned advocate Mr. Y.F. Mehta for the applicant and Mr. M.G. Nagarkar for opponent No. 1, Mr. Vimal Patel for opponent No. 2, Mr. V.M. Trivedi for opponent No. 3.1 and Mr. R.A. Mishra with Mr. Manoj Popat for opponent No. 4-4/2. It is clear from the prayer clause (b) that the applicant alleges willful disobedience of the orders at Annexures 'A' 'B-1', 'B-2' and D. Out of these orders, orders at Annexure 'B-1', 'B-2' and 'D' are in respect of the injunction granted by the Court. It is clear from the averments made in the application particularly in paras 3 and 4 that in pursuance of the alleged breach of injunction, the action under Order XXXIX Rule 2 of the Civil Procedure Code has already been initiated by the applicant and is pending before the competent Court.

(3.) So far as the order at Annexure 'A' is concerned, it is a decree passed against present opponent nos.1 and 2 and rest of the opponents were not party to the said decree. It is not the case of the applicant that opponent No. 1 and/or 2 demolished the property independently. What is sought to be canvassed is that the opponent acting collusively have tried to set at naught and flouted the same by entering into various transactions clandestine in nature.