{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3256 OF 2009 M/s S.M.Solar Products Ltd., Waluj PETITIONER VERSUS The Assistant Commissioner Employees Provident Fund & Misc. Provisions Of Act Bhavishya Nidhi Bhavan Town Center, CIDCO Aurangabad RESPONDENT ....... Mr.B.R.Kawre, Advocate for petitioner (Absent) Mr.K.B.Chaudhari, Standing Counsel for the respondent ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 20th July 2009 PER COURT: 1. None appears on behalf of the petitioner, when this petition was called out. This petition was on board before this Court on 14.07.2009 and came to be adjourned for today at the instance of learned counsel for the petitioner. Despite that none appears when the petition is called out. {2} 2. The grievance of the petitioner in this petition is that excess amount deposited by the petitioner has not been refunded. Mr.K.B.Chaudhari, learned standing counsel, who accepts notice of this petition on behalf of the respondent, states on the basis of oral instructions communicated to him that the excess amount has already been refunded to the petitioner on 13th July 2009 and, therefore, the relifes have been rendered infructuous. 3. We accept the aforesaid statement made on behalf of the respondent and dismiss the petition as infructuous with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp3256-09