- (1.) THIS is an application for initiating contempt proceedings against the respondents for willfully disobeying the interim stay order dated 15 -2 -2008 passed by this Court in D.B. Civil Writ Petition No. 1415/2008. The order reads as under: - - "The business of the company was disrupted because of breaking out fire in the premises. The record was also gutted as per the averments made in the petition. Petitioner could not file return. The Commissioner of the Central Excise directed the petitioner to deposit Rs. 10,00,000/ -. He sought modification and the amount was reduced to Rs. 3,00,000/ -. The petitioner has stated that he could not deposit the amount because of the financial crisis as the business came to standstill. He has made efforts to restart the business for that electric connection has been restored. He seeks permission to deposit the amount which the Commissioner has not permitted. Admit. Issue notice to the respondents, returnable within four weeks. In the meantime, the petitioner may deposit Rs. 3,00,000/ - which shall be subject to the result of the petition within a month. If the amount is deposited, the coercive action, being adopted, for recovery of the amount, shall not resorted." The only allegation of the petitioner is that during the pendency of writ petition, the respondents have sold the property.
(2.) FROM the perusal of above quoted order, it is clear that contemnors have not been restrained from selling the attached property. Even otherwise, if the property under attachment is sold, the rights of the applicants stand protected. No ground for initiating contempt proceedings against the respondents is made out. The contempt petition is dismissed.;