IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2521 of 2009 RANA BHUPENDRA NARAYAN SINGH, son of Shri Kameshwar Singh, resident of Mohalla Shivpuri, P.S. L.B.S. Nagar, Patna 23. At present practicing as Advocate before this Hon’ble Court. Versus 1.THE STATE OF BIHAR 2.The Bihar State Agricultural Marketing Board, through its Managing Director, namely, Kashinath Pd., Pant Bhawan, Bailey Road, Patna. 3.Mr. Sayed Imtiyajuddin, Director Vigilence Cum Legal Incharge of the Bihar State Agricultural Marketing Board. 4.Mr. Saryug Prasad, the Under Secretary (Legal Cell), Bihar, Patna. 5.Mr. Dilip Kumar Choudhary, the Law Officer (Legal Cell) Bihar State Agricultural Marketing Board, Pant Bhawan, Bailey Road, Patna. 6.Shri B. Rajendra, the Administrator of the Bihar State Agricultural Marketing Board, Patna. ----------- 3 21.7.2010 I.A. No.6185 of 2010. An application has been filed on behalf of opposite party no.6 for recalling of order dated 30.6.2010 as with regard to directing his personal appearance in this Court on the ground that the order in question has already been complied, inasmuch as, the final bill of the petitioner was sought to be paid by two cheques, namely, Cheque No.361880 dated 13.7.2010 and Cheque No.361890 dated 14.7.2010 for a sum of Rs.2200/- and Rs.17,600/- respectively. From the aforementioned explanation it would now be clear that the order of this court had not been complied on 30.6.2010, inasmuch as, on that date such cheques were not sought to be tendered to the petitioner. Nonetheless, this Court would accept the plea of 2 defence of learned counsel for opposite party no.6 for the time being and the cause shown in this regard by O.P. no. 6 is also accepted subject to the condition that whatever balance amount is admissible and payable to the petitioner, as explained by him in paragraph 10 of the rejoinder affidavit, must be considered and paid within a period of fifteen days from today. It is, however, made clear that the opposite party no.6 will either pay the amount mentioned in paragraph no.10 of the rejoinder affidavit or disclose reasons for its non payment. If such reasons are found to be irrelevant the petitioner will be at liberty to file a petition for revival of this case. Let it be recorded that the aforementioned two cheques have been handed over to counsel for the petitioner by counsel for the opposite party no.6 in Court today and to that extent the plea of defence taken in the show cause as also the application for recall of the order stands supported from the conduct of opposite party no.6. This Court is therefore satisfied that for the time being no useful purpose will be served by continuing with this contempt proceeding when the opposite party no.6 has shown his willingness to comply order of this Court in letter and spirit. That being so, the order of this Court dated 30.6.2010 as with regard to personal appearance of opposite party no.6 is hereby recalled and the contempt application is accordingly disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)