1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Contempt Appeal No. 1 of 2005 Rajesh Kisan Dongre & Ano. Vs. State of Mah. & Ano. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders CORAM: ANOOP V. MOHTA & C. L. PANGARKAR JJ. Dated: 17 th September, 2008. The appellants have challenged the order dated 25/02/2005 passed by the Learned Single Judge in following terms: “It was lastly contended by the respondents that due to severe financial crunch the Management was not in a financial position to pay the arrears of emoluments to the petitioner. It is thus clear that the respondents are not willing to comply with the order directing them to deposit the amount of arrears of salary of the petitioner. As such the respondents have committed contempt of Court and they are liable for punishment. Hence the 2 following order: The petition is allowed. The respondents are held guilty for contempt of Court and are sentenced to suffer simple imprisonment for a term of three months and fine of Rs.2000/- each in default to suffer simple imprisonment for 15 days.” Without observing anything at this stage, learned counsel for the appellant has filed a pursis dated 05.09.08 along with affidavit dated 14.08.08 stating that the Management has made all the payments. Respondent No. 2 has received full payments and no objection whatsoever, and filed an affidavit to that effect dated 28.08.2008. In view of this and also for the reason that the financial crunch of the management cannot be said to be basically in the facts and circumstances of the case, as an intention not to comply with the orders passed by the authorities. In view of this we are quashing the order dated 25.02.2005. Appeal is allowed. JUDGE JUDGE svk