1 cp170.06 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CONTEMPT PETITION NO. 170 OF 2006 IN CIVIL APPLICATION NO. 4563 OF 2006 IN WRIT PETITION NO. 2100 OF 2004 [Shri. Devidas s/o Yashwantrao Ingole vs. Shri. Gyanoba Hullaji Palekar & Anr. ] Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders CORAM : S.S. SHINDE, J. DATE : 29TH AUGUST, 2011 PER COURT : . This contempt petition alleges disobedience of the order dated passed by the Division Bench of this Court in Civil Application No. 4563 of 2006 in Writ Petition No. 2100 of 2004. The Division Bench of this Court directed the respondents to deposit the arrears of salary with effect from 14-04-2002 till 2 cp170.06 20-04-2005 in this Court within a period of three weeks from the date of passing order i.e. 27-07-2006. On depositing such amount, the petitioner is entitled to withdraw the said amount. 2. It appears that, after issuing notice to the respondents, affidavit in reply is filed by respondent Nos. 1 and 2. In Para-6 of the said affidavit in reply, it is stated that the respondent - Corporation has already issued necessary instructions to the concerned authorities/section of the Corporation vide Divisional Establishment Order No.530/2005 dated 07-11-2005 to release the arrears of salary for the period from 01-04-2002 to 30-04-2005. It is further stated in para-7 of the affidavit in reply that, in spite of request to the petitioner to submit "No Dues Certificate and Identity Card", the petitioner has not submitted the same in 3 cp170.06 spite of knowing the fact that he is required to deposit the same while obtaining his dues. 3. It appears that, initially the petitioner engaged Advocate Mr. B.B. Lakhakar and afterwards on 10-12-2007 letter is written by the petitioner to the Registrar of this Court that in spite of request to Advocate Mr. B.B. Lakhakar, he is not giving no objection and he is not practicing since he is not keeping good health and therefore, he wish to engage another Advocate. However, the fact remains that till date, the petitioner has not engaged any Advocate. Notice was sent to the petitioner on 06-06-2011 either to argue the matter or engage another Advocate of his choice to argue the matter. However, in spite of notice, the petitioner is not present nor he has engaged any Advocate. In that view of the matter, and in view of 4 cp170.06 the fact that, in spite of serving Court's notice on the petitioner, he has chosen to remain absent, this shows that, the petitioner has lost interest in this contempt petition. 4. As stated by respondent authorities, if the petitioner submits "No Dues Certificate and Identity Card" as a requirement of rules to get the dues cleared from the respondents, the respondents are ready to deposit the amount towards arrears of salary as directed by the Division Bench of this Court. . Respondent authorities have stated in their affidavit in reply that, on giving "No Dues Certificate and Identity Card", they are ready to deposit the amount towards arrears of salary. 5. In that view of the matter, in my 5 cp170.06 opinion, there is no willful disobedience and nothing further survives for consideration in this contempt petition. The contempt petition stands disposed of. Notice stands discharged. [S.S. SHINDE, J.] sut/AUG11