Bombay High Court
Diksha Dilip Pawar And Ors vs Swapnil Subhash Tangde, The Competent ... on 24 April, 2023
Author: Gauri Godse
Bench: R. D. Dhanuka, Gauri Godse
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. 563 OF 2022
Diksha Dilip Pawar & Ors. ..... Petitioners
VERSUS
Swapnil Subhash Tangde,
The Competent Authority and
Sub-Divisional Officer ..... Respondent
WITH
CONTEMPT PETITION NO. 565 OF 2022
Netra Naresh Pardhi & Ors. ..... Petitioners
VERSUS
Swapnil Subhash Tangde,
The Competent Authority and
Sub-Divisional Officer ..... Respondent
WITH
CONTEMPT PETITION NO. 615 OF 2022
Suresh Ziper Salkar & Ors. ..... Petitioners
VERSUS
Swapnil Subhash Tangde,
The Competent Authority and
Sub-Divisional Officer & Anr. ..... Respondents
Mr.Anil D'souza, a/w. Mr.Yogesh Rawool, Ms.Pravada Raut, i/b.
Mr.Shailesh S.Redekar for the Petitioners in CP/563/2022 and
CP/565/2022.
Mr.Yogesh Rawool, a/w. Mr.S.S.Redekar for the Petitioners in
CP/615/2022.
Dr.U.P.Warunjikar, a/w. Ms.Amita Kamble, i/b. Mr.Kshitija Wadatkar
for the Respondent no.1.
Ms.Sushma S.Bhende, A.G.P. for the State in contempt petitions.
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CORAM: R. D. DHANUKA AND
GAURI GODSE, JJ.
DATE : 24TH APRIL, 2023 P.C:-
Contempt Petition No. 615 of 2022 not on board, taken on board.
2. Mr.D'souza, learned counsel for the Petitioners seeks leave to amend the contempt petition and to implead State of Maharashtra as party respondent. Leave to amend is granted. Amendment to be carried out within two days from today. Re-verification is dispensed with. He also seeks leave to implead the competent authority and Sub- Divisional Officer independently without naming the officer. Leave to amend is granted. Amendment to be carried out within two days from today. Re-verification is dispensed with. The Petitioner to take immediate steps to serve the Contemnor expeditiously. Time to serve the Contemnors in compliance with the order dated 10th/12th April, 2023 is extended by two weeks from today, i.e. 26th June, 2023.
3. Learned counsel for the Petitioner states that after order dated 10th/12th April, 2023 came to be passed by this Court, the Contemnors have deposited the following amounts in these three petitions :- ::: Uploaded on - 25/04/2023 ::: Downloaded on - 26/04/2023 13:16:15 :::
KVM 3/5 16 - CP 563 OF 2022 with connected CPs.doc Petition Amount deposited in Court Contempt Petition No.563 of 2022 Rs.92,05,150/-
Contempt Petition No.565 of 2022 Rs.47,36,880/- Contempt Petition No.615 of 2022 Rs.1,41,77,023/-
4. It is submitted that however out of three matters, the Respondent No.1 has not deposited the solatium and interest amount in two of the matters i.e. CP/563/2022 and CP/565/2022. He states that the amount already deposited by the Respondent No.1 shall be permitted to be withdrawn without any condition. The Respondent No.1 be directed to deposit the balance amount not deposited in this Court.
5. Dr.Warunjikar, learned counsel for the Contemnor on the other hand states that his client has been transferred to some other department. His client, however, has already instructed the present incumbent to release the balance amount, not deposited though deducted. He further states that the present incumbent has made an attempt to deposit the said amount, however, could not deposit since the time to deposit the said amount has been lapsed. Statement is accepted.
6. Learned A.G.P. to take instructions and to make a statement ::: Uploaded on - 25/04/2023 ::: Downloaded on - 26/04/2023 13:16:15 ::: KVM 4/5 16 - CP 563 OF 2022 with connected CPs.doc whether the balance amount is already deposited in this Court and if not deposited, as to when the same would be deposited.
7. Place these matters on board under the caption of directions on supplementary board on 26th April,2023 for the time being.
8. Dr.Warunjikar on instructions further states that before handing over the charge of the post occupied by him, he had already prepared a supplementary award for releasing payment of the balance amount. Statement is accepted. Learned A.G.P. to take instruction on this aspect and to make a statement about this on the next date.
9. It is made clear that if the demand draft for the balance amount is already kept ready as stated by Dr.Warunjikar, learned counsel for the Contemnor, learned A.G.P. to bring the said demand draft in this Court for deposit and for further orders on the next date.
10. Insofar as the amount with interest accrued, if any, already deposited by the Contemnor in this Court in these three matters so far is concerned, the Office is directed to permit the Petitioner to withdraw ::: Uploaded on - 25/04/2023 ::: Downloaded on - 26/04/2023 13:16:15 ::: KVM 5/5 16 - CP 563 OF 2022 with connected CPs.doc such amount unconditionally within one week from today. The Registrar of this Court to act on the authenticated copy of this order.
11. Dr.Warunjikar agrees to furnish the current address of the Contemnor to the learned counsel for the Petitioner within 48 hours to enable the learned counsel for the Petitioner to furnish such current address of the Contemnor to the Office to enable the office to issue show cause notice to the Contemnor.
[GAURI GODSE, J.] [R. D. DHANUKA, J.]
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