KIRIT DAHAYABHAI SHAH Vs. CHETAN KANTILAL SHETH

JUDGEMENT

(1.) BY the order dated 13th August, 2004, the Judge of the City civil Court charged the noticees (present respondents) that by filing the second suit and not making honest disclosure to the Court and taking steps for situation entries, the noticees have interfered with the due process of judicial proceedings and interfered with the administration of justice. The learned Judge of the City Civil Court by his order made reference under Section 15 (2)of the Contempt of Courts Act.

(2.) ON 27-10-2004, this Court issued notices to the respondents. All the three contemnors have been served. The contemnor No. 3 has filed this affidavit.

(3.) THE contemnor No. 1-Chetan Kantilal shah filed S. C. Suit No. 40 of 2001 in the bombay City Civil Court. Amongst the 15 defendants, the first defendant Smt. Babliben is the mother in law of the plain tiffcontemnor No. 1. The other defendants being defendant Nos. 2 to 14 were said to be claiming themselves as persons interested in the subject property which according to the plaintiffs was gifted to him by the first defendant vide Gift Deed dated 13th August, 1998. Inter alia, the prayer made in the suit filed by the contemnor No. 1 reads thus -