1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 42 OF 2009 Kamlesh Krishnadhan Nabojya. ... Petitioner Vs. Recover Collector and Ors. ... Respondents Shri Kamlesh K.Nabojya -Petitioner in person absent. Mr. A.I.I.Patel, AGP, for the respondent No.1. CORAM: J.H.BHATIA, J. DATE : 15th April, 2010. P.C. 1. The petitioner in person is not present before the Court. Mr. A.I.I.Patel, AGP, appears for the respondents. 2. In Writ Petition No. 1340 of 2001, this Court had directed his employer, Haribhai R. Patel, the proprietor of M/S. Diamond Cutting Factory, to reinstate him in service with continuity of service with full back wages. That order was not complied with and therefore the petitioner had filed Contempt Petition No.124 of 2002 in that Writ Petition. As the employer - respondent no.1 had expressed his inability to make payment and therefore he was convicted for civil contempt of Court and sentenced to undergo simple imprisonment for a term 2 of one month and he immediately surrendered to the custody of Court. Thus, for contempt of Court in not complying with the direction, the employer has already undergone the sentence. There cannot be second contempt petition for non- compliance of the same order. It is also material to note that in the present Contempt Petition, the employer is not the party. The Government officers are made parties in the Contempt Petition on the ground that they had failed in recovery of the amount. None of these officers were parties to the Contempt petition in which the order was passed. 3. Taking into consideration the circumstances, the Contempt Petition stands dismissed. (J.H.BHATIA,J.)