FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.16748 OF 2010 IN CONTEMPT PETITIONNO.75 OF 2010 IN FIRST APPEAL NO.1224 OF 2007 (Mohammad Kabir s/o Mohammadlal Patel Vs. Ahmedabee w/o Mohammadlal Patel & ors.) Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri Abdul Aziz Haji Fatelal, Advocate for applicant Shri M.M. Patil, Advocate for respondent No.1. Shri D.V. Tele, A.G.P. for respondent No.6. CORAM : S.S. SHINDE, J. DATED : 18th July, 2011. 1. Heard counsel for the applicant and counsel for the respondents. Learned counsel for the applicant submits that, the contempt petition was dismissed on 22.11.2010 since bhatta was not paid within stipulated period. The learned counsel for applicant submits that, as such, this application can be entertained for restoration of the contempt petition since it is dismissed for non payment of bhatta. Learned counsel for the applicant placed reliance on the judgment of this Court in the case of Rajaram Waman Masurkar Vs. Lokmanya Shikshan Prasarak Mandal, Vadavali & ors. [ 2008 (1) Bom. C.R. 422 ]. 2. Upon hearing learned counsel for the applicant and learned counsel for the respondents, I am of the opinion that, in view of the observations of the Division Bench of this Court in the case of Rajaram Waman Masurkar (cited supra), this application can be entertained. Therefore, the application is allowed subject to payment of Bhatta within one week from today. Application disposed of. Contempt Petition be placed for further hearing on 5th August 2011. ( S.S. SHINDE, J. ) fmp/ca16748.10