1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.86 OF 2009 IN WRIT PETITION NO.1210 OF 2009 Shitalaprasad Gupta & Ors. ..Petitioners versus State of Maharashtra & Ors ..Respondents Mr. Rajiv Narula a/w Mr. Dasgupta i/b M/s. Jhangiani Narula & Associates for Petitioners Mr.Milind More, AGP for Respondent No.1 Mr. J.G.Aradwad for Respondent No.2 Mr. R.S.Apte, Senior Counsel a/w Ms. T.H. Puranik for Respondent Nos.3 & 4 CORAM : V. M. KANADE, J. DATED : 24th FEBRUARY, 2010. P.C. : 1. Heard Learned Counsel appearing on behalf of the Petitioners and Learned Senior Counsel appearing on behalf of the Corporation. The Petitioner has filed this Contempt Petition alleging that the Respondents have committed contempt of this Court by not complying with the order passed by division bench of this Court dated 22 nd July 2009, passed in Writ Petition No.1210 of 2009. 2. It is submitted that the Respondents did not pass the order as 2 directed within two weeks, including the order of finalising Annexture-2. The Respondents have filed their reply and have stated that at the time when the said order was passed, proper instructions were not given to the Counsel appearing on behalf of the Corporation. The learned Senior Counsel, therefore, submitted that the Notice of Motion was filed seeking modification of the said order. However, the said Notice of Motion was dismissed and thereafter the Respondents passed the order which is annexed at Annexure-3 to the Affidavit in reply. In my view, the Respondents have explained the delay caused in passing the order as directed by this Court and, therefore, it cannot be state that there was an intentional non compliance of the direction given by this Court. The Petitioners herein are at liberty to challenge the said order dated 24 th September 2009, since it gives rise to cause of action. 3. Under these circumstances, the Contempt Petition is dismissed. (V.M.KANADE, J.)