1 C.P.346.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CONTEMPT PETITION NO. 346 OF 2011 IN WRIT PETITION NO. 11742 OF 2010 Lahu S/o Baliram Bhosale ...PETITIONER VERSUS Osmanabad Janta Sahakari Bank Ltd., and another. ...RESPONDENTS ... Mr.A.V.Indrale Patil,Advocate for petitioner. Mr.D.V.Tele,A.G.P. for respondent-State. ... CORAM: S.S. SHINDE, J. DATE : 5TH OCTOBER, 2011 PER COURT : . Heard. 2. This Contempt Petition alleges disobedience of the order dated 10th March 2010, passed by the learned Single Bench of this Court, in Writ Petition NO. 11742 of 2010. The relevant para No. 4 of the said order reads thus: 2 C.P.346.11 “4. The arrears of subsistence allowance from 12.1.2010 till 31.3.2011 shall be paid to respondent by petitioners by 13th April, 2011 and the subsistence allowance for month of April, 2011 shall then be paid by 7th May, 2011. Thereafter accordingly by 7th day of each next month, the subsistence allowance of preceding month will be paid by petitioners to respondent before the Labour Court. The Labour Court shall proceed to decide the complaint expeditiously only if arrears are deposited by 13th April, 2011. With these directions, the Writ Petition is disposed of. No costs.” 2. Pursuant to the notice issued to the respondents, learned counsel appearing for the respondents, on written instructions, from his client makes a statement that, the respondents have already deposited an amount of Rs.1,45,373/- in the Registry of this Court towards arrears of suspension allowance of the petitioner. 3 C.P.346.11 3. Learned counsel appearing for the petitioner submits that L.P.A. filed by the respondents is also dismissed, therefore, he prays that, petitioner may be allowed to withdraw the said amount deposited in the Registry of this Court, on undertaking by the petitioner on or before 11.10.2011 to the effect that in case respondents approach the Apex Court, and if any favourable order is passed in their favour, in that case he will return the said amount back to the respondents. The petitioner is allowed to withdraw the said amount on filing undertaking as aforesaid on or before 11.10.2011. 4. It is the contention of the petitioner that, he is entitled for Rs.1,72,075/- towards arrears of suspension allowance as on 31.08.2011. This position is disputed by the learned counsel for the respondents. It is the contention of the counsel for respondents that, the amount which is deposited in the Registry also includes suspension allowance for the month of September, 2011. The 4 C.P.346.11 Labour Court to hear the parties on this aspect and find out about the exact amount for which the petitioner is entitled and the contention of the respondents that they have deposited arrears towards subsistence allowance including suspension allowance till September, 2011. . It is needless to mention that, as directed by this Court in para No. 4 of the order, respondents are bound to pay subsistence allowance every month. 5. In that view of the matter, nothing further survives for consideration in the present Contempt Petition and the same stands disposed off. Notice stands discharged. Sd/- [S.S. SHINDE, J.] MTK