Union Of India And 3 Ors vs Veerabhadram Vislavath on 19 December, 2022

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Bombay High Court

Union Of India And 3 Ors vs Veerabhadram Vislavath on 19 December, 2022

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
signed by
TRUSHA ORDINARY ORIGINAL CIVIL JURISDICTION
TRUSHA TUSHAR
TUSHAR MOHITE
MOHITE Date: CONTEMPT PETITION (L) NO.39031 OF 2022
2022.12.20
11:21:40
+0530 IN
WRIT PETITION (L) NO.33749 OF 2022

Veerabhadram Vislavath Son of
Bhav Singh Vislavath ..... Petitioner

Vs.

Sanjay Malhotra and Ors. ..... Respondents

WITH

INTERIM APPLICATION (L) NO.39169 OF 2022
IN
WRIT PETITION (L) NO.33749 OF 2022

Union of India and Ors. ..... Applicants

Vs.

Veerabhadram Vislavath ..... Respondents

Mr.Altaf Naik, Sr.Advocate and Mr.Rahul Wadia for the Contempt
Petitioner in CONPWL/39031/2022 and for Respondents in
IAL/39169/2022

Mr.R.R.Shetty a/w Mr.D.P.Singh for the Applicant in
IAL/39169/2022 and for Petitioner in WPL/33749/2022

CORAM: S.V.GANGAPURWALA, ACJ &
S.G.CHAPALGAONKAR, J.

                                             DATED :    DECEMBER 19, 2022

                    P.C.

                    1        Interim Application is not on board. Upon mentioning taken

                    Mohite                                                             1/3
                                             27 conpwl39031-22.docx


on board.



2        We have heard the learned Counsel for the Petitioner and the

learned Counsel for the Respondents.



3        The Applicants seeks implementation of the order of this court

dated 30.11.2022 passed in Writ Petition (L) No.33749 of 2022. This court in paragraph 30 of the said order observed and directed thus:

"30. The order of the Tribunal impugned before us shall be implemented by the Petitioners immediately, but not later than 7 (seven) days from date of uploading of this order by allowing the Respondent to resume his duty. Compliance of the other directions of the Tribunal shall be effected within a period of 6 (six) weeks from this date."

4 The said order is not implemented as yet. Seven days lapsed on 12.12.2022. The Respondents have tendered Interim Application across the bar and they submitted that electronically, the same has been filed. Under the Interim Application, four weeks time is sought to implement the orders of this court. Four weeks further time is sought on the ground that the matter would be sent to the Department of Legal Affairs for the opinion regarding filing an SLP against the said order or otherwise.

Mohite 2/3

27 conpwl39031-22.docx 5 The opinion has not been received till date from the Department of Legal Affairs. The Respondents can avail legal remedy even after implementing the order of this court. However, if the order has already been passed by this court, the Respondents are duty bound to implement the order.

6 19 days have already lapsed. The order has been passed by this court and the same is not being implemented. Directions were to implement the same within seven days. However, considering the request made by the learned Counsel for the Respondents and the Interim Application filed, we further extend the time to implement the order passed by this court on 30.11.2022 in Writ Petition (L) No.33749 of 2022 by one week from today.

7 With these observations, Contempt Petition is disposed of. 8 Interim Application is also disposed of.

(S.G.CHAPALGAONKAR, J.) (ACTING CHIEF JUSTICE) Mohite 3/3

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