1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Contempt Petition No. 204/2008 IN W.P. NO. 1160/2008 (M/s Balaji Corporation VERSUS M/s Bansilal Kochar Gin Press Factory Wardha & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Chandurkar, counsel for the petitioner. Shri S.P. Palshikar, counsel for the respondents. CORAM : SMT. VASANTI A. NAIK, J. DATE : FEBRUARY 9, 2009. By this petition, the petitioner seeks action against the respondents for breach of the undertaking dated 17.03.2008 as also for the willful disobedience of the order dated 29.07.2008 passed by the learned single Judge of this Court in Writ Petition No.1160/2008. It is submitted on behalf of the petitioner that during the pendency of the Writ Petition No.1160/2008, an undertaking was furnished by the respondents in the Court on 17.03.2008 stating therein that the balance amount of Rs.10,88,270.30 Ps. would be deposited by the respondents, on or before the expiry of six months time, in lump sum, before the executing Court. 2 It is the case of the petitioner that the aforesaid amount was not deposited by the respondents either within a period of six months from the date of the undertaking or till the contempt petition is filed by the petitioner on 21.10.2008. Shri S.P. Palshikar, the learned counsel for the respondents, has presented an affidavit in reply in the Court, today. The same is accepted on record. It is submitted on behalf of the respondents that in spite of the best efforts of the respondents, the amount of Rs.10,88,270.30 Ps. could not be mustered by the respondents within a period of six months from the date of tendering of the undertaking and, hence, the respondents had put one of their plots to auction on 10.12.2008 and the amount deposited by the auction purchaser was deposited in the executing Court. It is stated in the affidavit that the vendee of the plot has deposited an amount of Rs.14,75,000/- in the executing Court and 3 in view of this deposit, the grievance of the petitioner stands redressed as though there is a short delay in depositing the amount, the amount has been now deposited in the executing Court. It appears from the submissions made on behalf of the parties that the action on the part of the respondents in not depositing the amount of Rs.10,88,270.30 Ps. within a period of six months from the date of tendering of the affidavit was not deliberate and willful and in these circumstances, it is necessary to drop the contempt proceedings against the respondents. Hence, the contempt proceedings against the respondents are hereby dropped. The contempt petition is disposed of accordingly. JUDGE APTE