1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO. 335 OF 2009 IN WRIT PETITION NO. 1027 OF 2005 Dr. Bapu Narsan Rachmale ...Petitioner Versus The Secretary, Public Health Department Maharashtra State, and others ...Respondents ..... Mr. V.D. Gunale, advocate for the petitioner Mr. V.H. Dighe, A.G.P. for respondents ..... CORAM : S. S. SHINDE, J. DATED : 18TH OCTOBER, 2010 PER COURT:- 1 This contempt petition alleges disobedience of the order passed by the learned Division Bench of this Court on 5.1.2009 in writ petition No. 1027 of 2005. 2 In pursuance to the notice issued in this contempt petition, affidavit in reply is filed on behalf of the respondent No.6. In para 9 of the said reply, it is stated that the respondent has refunded the amount of penal interest of Rs.59,485/- by way of authorization in favour of the respondent No.5 viz. District Health Officer, Latur vide authority No. Fund 18/FP/133/1333-34 dated 24.9.2010. 2 3 Counsel for the petitioner vehemently argued that this amount of Rs.59,485/- calculated by the authorities is not properly calculated and it is not accepted to the petitioner. However, while exercising contempt jurisdiction, it is not possible for this court to enter into that aspect. Suffice it to say that in pursuance to the notice issued by this Court, affidavit in reply is filed and the statement is made that the amount of penal interest which is refundable to the petitioner has been calculated at Rs.59,485/-. 4 In this view of the matter, in my opinion, nothing further required to be adjudicated in this contempt petition. It is true that the petitioner may have grievance about the calculation of the penal interest, he can take appropriate remedy, as available in law. Liberty to the petitioner to move before the appropriate forum and take appropriate remedy to redress his grievance about the calculation of penal interest by the respondents, as available in law. Needless to mention that at the time of computing limitation, the concerned authority while entertaining the prayer of the petitioner, shall take into consideration the time spent in the proceedings filed in this Court. 5 With these observations, the contempt petition stands disposed of. Notice discharged. ( S. S. SHINDE. J.) rlj/ 3