1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION JUDGE’S ORDER NO. 375 OF 2010 IN MISCELLANEOUS PETITION NO.13 OF 2010 Girish Kumar Atmadev Mishra & Ors. .... Petitioners Vs. Master Vivek Girish Mishra & Ors. .... Respondents Mr. K.H. Mody i/by Panchamatia & Co. for petitioners Mr. Diwakar Dwivedi for petitioner no. 5. Mr. Ashok R. Mishra – petitioner no. 4 in person Coram : SMT. R.P. SONDURBALDOTA, J. Date : 22nd February 2012 P.C. 1. By the order dtd. 20th December 2010, leave was granted to the petitioners to sell the property in question on condition that the petitioners deposit the amount falling to the share of the minors in the court on or before 30th March 2011. 2 Petitioners 4 and 5 have not complied with the condition. Petitioner No.4 was to deposit a sum of Rs.9,86,750/- on behalf of respondent no.7 minor and petitioner no.5 was to deposit Rs. 13,81,250/- each for respondents no. 8 and 9 towards their share. Petitioners no.4 and 5 having flouted the conditions have rendered themselves liable to action for contempt. Petitioner no.5 has not just failed to deposit the amount in the court, but has utilised the same for purchasing another property. He had sought leave of the Court for that purpose by filing an application vide Judges order No.29 of 2011. That application came to be rejected by this Court on 21st March 2011, i.e. much before the date of expiry of the time to deposit the amount in the court. Mr. Dwivedi, the learned counsel for petitioner no.5 seeks time to deposit the amount falling to the share of respondents no. 7 and 8 in the court. Petitioner no.5 will have to make good the loss to the minor by delay in depositing the money. Had the amount been deposited in time, the same would have been invested in Fixed Deposits by the office. Petitioner no. 5 is therefore directed now to deposit the 3 sum of Rs.15.00 lacs for each of respondents no. 7 and 8 within a period of four weeks from today. If the amount is not deposited within the time granted, the proceedings for contempt of court will have to be initiated against him. 2. Petitioner no.4, who is present in the court makes a statement that he will deposit the minor’s share in the court within a period of one week from today. The share of minor comes to about Rs.9,86,650/-. In view of the delay in depositing the amount, petitioner no.4 is directed to deposit a sum of Rs. 10.00 lacs in the court towards the share of the minor within a period of one week from today. If the amount is not deposited as per the statement made by him in the court, action in the contempt of court will have to be initiated against him. 3. Perused the report. Heard the learned counsel. The report of the advocates is accepted, by condoning the delay in filing the report. Stand over to 6th March 2012. ( Smt. R.P. SondurBaldota, J.)