IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CIVIL JURISDICTION CONTEMPT PETITION NO.400 OF 2009 Kishor Shivpal Banchhode ...Petitioner v. State of Maharashtra & Ors. ...Respondents. Mr. Shriniwas S. Patwardhan, adv. For the Petitioner. Mr.A.I.I. Patel, AGP For the Respondent No.1. CORAM : J.H. BHATIA, J. DATED : MARCH 19, 2010 P.C. 1 Heard the learned counsel for the petitioner. 2 Record reveals that for recovery of certain amount from the petitioner, the respondent no.3 Assistant Registrar and Recovery Officer had issued a notice dated 3rd November, 2007 to hold public auction of the property of the petitioner. Petitioner filed writ petition no.8669/07. In a group of writ petitions, including the petition filed by the petitioner, on 29.11.2007, this Court directed not take any coercive measures against the petitioner for the recovery of the amount and the matter was adjourned to 7.12.2007. It is alleged that on 6.12.2007 meeting for auction was held but nobody turned up to participate in the said auction, therefore, it was adjourned. It is contended that by holding that meeting contempt of the order dated 29th November, 2007 was committed. It - 2 - appears that on 14th December, 2007, writ petition was finally disposed off directing petitioners to deposit the amount of Rs.95 lac and subject to depositing the amount, the Administrator was directed not to proceed with the recovery application. Admittedly, amount has been deposited and no further auction was taken. Dispute is pending between the parties. 3 From the above circumstances, it is clear that notice for auction was issued prior to the order passed by this Court and even though on 6.12.2007, meeting was held, no auction of the property was infact held. Therefore, in the given circumstances, in my considered opinion, no purpose will be served by proceeding further with this petition. 4 Contempt Petition stands dismissed accordingly. (J.H. BHATIA,J.)