1 ndm 53 cp.237.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 237 OF 2009 IN WRIT PETITION NO. 5836 OF 2006 M/s. Popular Auto manufacturing. ... Petitioner Vs. Mr. Hemant Shukla and anr. ... Respondents -------- Mr. Mahesh Rawool i/b Mr. P.B.Shah for the Petitioner. Ms. R.Sapna i/b M/s. T.N.Tripathi and Company for Respondent No.2. -------- CORAM : A.S.OKA, J. DATE : 01 st December, 2010. P.C. 1 Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the Contemnor. 2 The order of Division Bench passed on 7 th February, 2007 directs that the amount deposited by the Petitioner in this Court shall be refunded to the Petitioner. Thereafter, there is an order passed on 12 th March, 2007 by the Recovery Officer of the Debt Recovery Tribunal below application Exhibit – 54, which permits the Contemnor to appropriate a sum of Rs.4,60,000/- lying in the no lien Account. There is a further order passed by the Recovery Officer of the Debt Recovery Tribunal on 5 th March, 2008, which directs the Contemnor to verify its 2 books of accounts and refund a sum of Rs.4,60,000/- forthwith. 3 The affidavit in reply disclosed that the Petitioner did not challenge the order dated 12 th March, 2007. The order passed on 5 th March, 2008 by the Recovery Officer was challenged in Appeal. It is not in dispute that in appeal the said order has been stayed. 4 Therefore, at this stage, it is not possible to initiate action under the Contempt of Courts Act. The petition is disposed of by keeping rights of the parties open. [ A.S.OKA, J ]