2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO. 249 OF 2007 IN FIRST APPEAL NO. 127 OF 2005 (Damu s/o. Sakharam Zaware V/s. State of Maharashtra & Ors.) Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 31.08.2009 1. Adv. Shri D.R. Jaybhar for the petitioner, A.G.P. Shri D.V. Tele for respondent No.1 and Adv. Shri D.P. Bakshi for respondent No.2 are present. 2. The learned advocate for the petitioner drew my attention to order dated 21.04.2007 passed in Civil Application No. 8154 of 2001 in First Appeal No. 127 of 2005. The Court has passed the following order :- “2. The application is for direction to the state to deposit the amount awarded by the reference Court. The appeal is admitted on the ground that excess enhancement is granted by 2 the reference Court. The appellant State shall deposit 50% of the amount within eight (8) weeks which shall be invested in fixed deposit in the name of the claimant/s by the Registrar of this Court and no withdrawal will be allowed. Civil Application disposed of.” 3. It does not appear that the appellant - State has deposited the amount. In my opinion non-deposit of amount by itself will not amount to contempt, particularly in view of observations made by the Supreme Court in the case of Food Corporation of India V/s. Sukh Deo Prasad, 2009 (5) S.C.C.665. At the most appropriate consequence may follow by the non- obedience of the said order. 4. The Contempt Petition is dismissed. [P.R. BORKAR,J.] snk/2009/AUG09/cp249.07