PHIROZE SORABJI MOGRELIA Vs. MALCOLM AND CO

JUDGEMENT

(1.) The above Contempt Petition is filed by Phiroze Soarabji Mogrelia, who was the respondent in Appeal No. 66 of 1967 and the plaintiff in R.A.E. Suit No. 1237 of 1963 of the Small Causes Court at Bombay, in which undertakings were given as follows by respondents Nos. 1, 2, 3 and 4 : We, Messrs. Mohanlal Bhogilal Shah, Chandrakumar Daulatchand Jhaveri and Shantikumar Daulatchand Jhaveri, all partners of the Appellants above named, and Mohanlal Dharamdas Bhatia, solemnly affirm and state as under : We, hereby give a solemn undertaking to this Court that we shall hand over to the respondent vacant and peaceful possession of Cabin No. 4 of the suit premises on or before 31st July, 1968. We, Messrs, Mohanlal Bhogilal Shah, Chandrakumar Daulatchand Jhaveri, hereby give a solemn undertaking to this Court that we shall use Cabin 2 admeasuring about 72 sq. ft. for the purpose of our own business only, and we shall not take Mohanlal Dharamdas Bhatia as partner or employee in Malcolm & Co., nor shall we allow anybody else except our servants, and Cabin No. 2 in the suit premises. Solemnly affirmed at Bombay this 26th day of April, 1968.

(2.) Alleging that despite the said undertakings the respondents Nos. 1 to 4 and allowed respondents Nos. 5 and 6 to use the said cabin under the leave and licence, the petitioner moved the Small Causes Court at Bombay by an Interlocutory Notice No. 7760 of 1963 in R.A.E. Suit No. 5491 of 1972 for an appropriate action against the respondent.

(3.) That Court dismissed the application on April 7, 1975 on the grounds that the petitioner should have moved the Appeal Court and not the trial Court. Thereafter the present petition was filed on September 29, 1975, alleging that all the respondents Nos. 1 to 6 had committed the contempt of the Court by committing breach of the undertakings given on April 26, 1968 as above in Appeal No. 66 of 1967.