Judgment:
P.S. Patankar, J.
1. This petition is taken out alleging that the Respondent had committed contempt on 22.11.1991 by passing the Resolution in respect of Item No. 3 on the agenda of the Annual General Meeting held on that day. By passing the said Resolution, the Minutes of Extra ordinary Annual General Meeting held on 11-5-1990 came to be confirmed.
2. It is clear from the averments made in the petition that there is no clear statement made that any order passed by the Court or Undertaking given to the Court has been violated by any of the Respondents. However, the learned Advocate for the Petitioners invited my attention to some orders. The Petitioners filed S.C. Suit No. 3784 of 1990 inter alia praying.
(a) That it may be declared by this Hon'ble Court that :
(i) that notice, dated 10-4-1990 being Exhibit '' hereto;
(ii) the extra ordinary general meeting held on 11-5-1990, pursuant to notice, dated 10-4-1990 ;
(iii) the entire proceedings and purported resolutions including purported voting at such extra ordinary general meeting hold on 11th May, 1990 pursuant to notice, dated 10-4-1990, are illegal, bad in law and not binding upon the Plaintiffs and other members of the Defendant No. 1 club and are null and void ab intito.
3. The Petitioners also took out Notice of Motion No. 2893/1990. The reliefs prayers are prayers (a) and (b) which are as follows :
(a) That pending the hearing and final disposal of the suit, this Hon'ble Court be pleased to grant order and injunction restraining the Defendants their agents and servants or anybody claiming through them :
(i) From implementing and/or acting upon and/or giving any effect to and/ or taking any further steps pursuant to the purported resolution alleged to have been passed at extra ordinary general meeting held on 11 th May, 1990 pursuant to notice, dated 10th April, 1990 being Exhibit 'E' to the Plaint
(ii) From acting on any negotiations and/or completing the transactions for the purchase of any piece/parcels of land or any property either at Khandala/Lonawala or at any other place ;
(iii) From accepting any amount or any sum from any person/ persons making them as members of the Defendant No. 1 club under any of the categories as mentioned in the notice, dated 10th April, 1990 Ex 'E' to the Plaint.
(b) that pending the hearing and final disposal of the suit this Hon'ble Court be pleased to order and direct the Sheriff of Bombay to take into his custody and possession of the voting/ballot papers as also the register for attendance and polling minutes book and the audio tape containing the proceedings and resolutions that alleged to have been passed at the extra ordinary general meeting of the Defendant No. 1 club held on 11th May, 1990, and the same be preserved under directions and supervision of this Hon'ble Court.
4. Ad interim orders in terms of prayer (b) came to be granted on 2.6.1990. Further ad interim order-in the said Notice of Motion was passed on 6.6.1990 in terms of prayer (a)(i) except taking the custody of the Minutes book. The said order came to be challenged on behalf of the Respondents by filing A.O. No. 5019/1990 in this Hon'ble Court and this Court on 15-6-1990 disposed of the said A.O. by making the following observations :
As at present only new members are to be enrolled and the enhanced fee collected from them. The status of such members is not yet finally ruled upon for that has been relegated by Tipnis, J. to the decision of A.O. No. 1057 of 1987. Tipnis, J's order, dated 4-12-1989 will ipso facto apply to new members to be enrolled in furtherance of decision taken at the E.O.G.M. on 11-5-1990. This will i.e. collections made and implementation of the other decisions will be subject to the decision in the Motion pending before the City Civil Court.
5. The learned Judge also directed that Notice of Motion be decided on or before 6-9-1990.
6. It is clear from the order passed by this Court on 15-6-1990 that the orders passed by the Court below in the Notice of Motion came to be modified.
7. I find that at no stage the Respondents were prevented by any order from confirming the Minutes of the Extra ordinary General Meeting held on 11.5.1990. Even assuming that there was such prevention by the order, dated 6-6-1990 passed by the Court below, the same came to be modified by the order passed by this Hon'ble Court on 15-6-1990. It is clear from the observations made in the said Order that the collections made by the Respondent No. 1 regarding membership and implementation of all other decisions would be subject to the order that would be passed in the Notice of Motion by the Court below.
8. In my opinion, contempt proceedings are quasi-Criminal in nature and the Petitioners are required to make out a clear case of breach of some order passed by the Court or Undertaking given to the Court by the other side. It is not possible to hold any person liable for contempt otherwise. The Petitioners have clearly failed in this and all the allegations made are vague.
9. Hence, I find no merit in this petition. The same is dismissed summarily.