FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 6176 OF 2009 IN CONTEMPT PETITION NO. 88 OF 2009 IN WRIT PETITION NO. 4469 OF 2007 _________________________________________________________________________ Office Notes, Office Memoranda | of Coram, appearances, Court's | Court's or Judge's orders orders or directions and | Registrar's orders | ________________________________|________________________________________ Shri A.S.Londhe, advocate for the applicant Smt. B.R.Khekale, AGP for resp.no.1 Shri Amol Shinde h/f Shri S.S.Thombare, advocate for respondent nos. 2 to 4 ... Coram : Shrihari P.Davare, J. Dated : 02.07.2009 1. Perused. 2. The applicant/petitioner has preferred the present application requesting to restore the contempt petition at its original place and the applicant be allowed to pay Bhatta. The applicant contends that he had filed Contempt Petition No. 88 of 2009 against present respondents for defiance of the order/statement made in Writ Petition No. 4469 of 2007 on 26.8.2008 (2) 3. After hearing the applicant/petitioner, notices were issued to the respondents on 30.4.2009 in the contempt petition. The same were made returnable on 8.6.2009. Moreover, the applicant was required to pay Bhatta, but he did not pay the same till 29.4.2009. Conditional order was passed by this court to pay Bhatta within 15 days, failing which the same matter would be dismissed in default. However, the applicant/petitioner failed to pay the Bhatta within the stipulated 15 days time due to inadvertence, which resulted into dismissal of the contempt petition in default vide conditional order dated 29.4.2009. The applicant submits that non-payment of Bhatta within the stipulated period at the instance of the applicant/petitioner is not intentional and deliberate and, therefore, submitted that present Civil Application be allowed to enable the applicant/petitioner to contest the contempt petition on merits. 4. Heard learned respective counsel for the parties. 5. Considering the averments made in the application and contents thereof, it is apparent that non-payment of Bhatta within the stipulated period by the applicant/petitioner is not willful or deliberate and it (3) occurred due to inadvertence and over sight. Hence, present application is required to be allowed in the interest of justice. 6. In the result, present Civil Application succeeds and same is allowed in terms of prayer clause ‘B’ thereof and Contempt Petition No. 88 of 2009 be restored to file. Contempt Petition No. 88 of 2009 be listed before the court after six weeks. 7. Smt. B.R.Khekale, AGP waives service of notice for respondent no.1 and Shri Amol Shinde h/f Shri S.S.Thombare, learned counsel waives service of notice for respondent nos. 2 to 4. 8. Civil Application stands disposed of. (Shrihari P. Davare, J.) dbm/ca6176.09