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Bombay High Court

Manohar Narsinha Samant vs Municipal Corporation Of Gr. Mumbai And ... on 19 April, 2023

Author: Sandeep V. Marne

Bench: S.V. Gangapurwala, Sandeep V. Marne

2023:BHC-OS:3188

                                                                30-37 conpw52-22.docx

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       Digitally
       signed by
       TRUSHA
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
TRUSHA TUSHAR
TUSHAR MOHITE
MOHITE Date:
       2023.04.20
       15:13:05
       +0530
                                         CONTEMPT PETITION NO.52 OF 2022
                                                        IN
                                           WRIT PETITION NO.364 OF 2021
                                                      WITH
                                       INTERIM APPLICATION NO.10104 OF 2022
                                                        IN
                                           WRIT PETITION NO.364 OF 2021

                           Vijay Anna Sagare                          ..... Petitioner

                                    Vs.

                           Municipal Corporation of Greater
                           Mumbai and Anr.                            ..... Respondents

                                                         WITH
                                            CONTEMPT PETITION NO.53 OF 2022
                                                           IN
                                              WRIT PETITION NO.349 OF 2021
                                                         WITH
                                          INTERIM APPLICATION NO.1342 OF 2022
                                                           IN
                                              WRIT PETITION NO.349 OF 2021

                           Manohar Narsinha Samant                    ..... Petitioner

                                    Vs.

                           Municipal Corporation of Gr.Mumbai
                           and Anr.                                   ..... Respondents

                                                      WITH
                                         CONTEMPT PETITION NO.54 OF 2022
                                                        IN
                                           WRIT PETITION NO.346 OF 2021
                                                      WITH
                                       INTERIM APPLICATION NO.10799 OF 2022
                                                        IN
                                           WRIT PETITION NO.346 OF 2021

                           Eknath Jairam Gawade                       ..... Petitioner


                           Mohite                                                                     1/5



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                Vs.

       Municipal Corporation of Greater
       Mumbai and Anr.                            ..... Respondents

                                     WITH
                        CONTEMPT PETITION NO.55 OF 2022
                                       IN
                          WRIT PETITION NO.304 OF 2021
                                     WITH
                      INTERIM APPLICATION NO.1341 OF 2022
                                       IN
                          WRIT PETITION NO.304 OF 2021


       Sadanand Gopal Shetye                              ..... Petitioner

                Vs.

       Municipal Corporation of Greater
       Mumbai and Anr.                            ..... Respondents

                                  WITH
                     CONTEMPT PETITION NO.56 OF 2022
                                    IN
                       WRIT PETITION NO.354 OF 2021
                                  WITH
                   INTERIM APPLICATION NO.10882 OF 2022
                                    IN
                       WRIT PETITION NO.354 OF 2021

       Milind Deorukhkar                          ..... Petitioner

                Vs.

       Municipal Corporation of Greater
       Mumbai and Anr.                            ..... Respondents

                                     WITH
                        CONTEMPT PETITION NO.57 OF 2022
                                       IN
                          WRIT PETITION NO.331 OF 2021
                                     WITH


       Mohite                                                                     2/5



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                      INTERIM APPLICATION NO.1335 OF 2022
                                       IN
                          WRIT PETITION NO.331 OF 2021


       Shirish Govind Ketkar                      ..... Petitioner

                Vs.

       Municipal Corporation of Greater
       Mumbai and Anr.                            ..... Respondents

                                     WITH
                        CONTEMPT PETITION NO.59 OF 2022
                                       IN
                          WRIT PETITION NO.365 OF 2021
                                     WITH
                      INTERIM APPLICATION NO.1346 OF 2022
                                       IN
                          WRIT PETITION NO.365 OF 2021


       Sharad Kulkarni                            ..... Petitioner

                Vs.

       Municipal Corporation of Greater
       Mumbai and Anr.                            ..... Respondents

                                     WITH
                        CONTEMPT PETITION NO.60 OF 2022
                                       IN
                          WRIT PETITION NO.355 OF 2021
                                     WITH
                      INTERIM APPLICATION NO.1356 OF 2022
                                       IN
                          WRIT PETITION NO.355 OF 2021

       Anil Vinayak Kamble                        ..... Petitioner

                Vs.

       Municipal Corporation of Greater
       Mumbai and Anr.                            ..... Respondents


       Mohite                                                                     3/5



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       Ms. Shristi Shetty i/b M/s.M.V.Kini and Co. for the BEST
       and for the Applicant in Interim Applications

       Mr.Pankaj Thatte for the Petitioner

                        CORAM:    S.V. GANGAPURWALA, ACJ &
                                  SANDEEP V. MARNE,J.

DATED : APRIL 19, 2023 P.C.

1. Interim Applications are not on board. Upon mentioning, taken on board.

2. The contempt is alleged of the order dated 10.03.2021 wherein the court directed to clear the dues on or before 09.04.2021 with 9% p.a. interest.

3. The learned Counsel for the Brihanmumbai Electric Supply & Transport Undertaking (BEST) submits that the principal amount has been paid to the Petitioners. The only dispute is about the rate of interest. The Interim Applications are filed by the BEST for reducing the rate of interest.

4. The learned Counsel for the original Writ Petitioners submits that they are ready to accept 6% interest, provided the BEST pays the same expeditiously.

5. In light of that, the BEST shall pay interest on the delayed payment of retiral benefits @ 6% p.a. instead of 9% Mohite 4/5 ::: Uploaded on - 20/04/2023 ::: Downloaded on - 21/04/2023 10:29:38 ::: 30-37 conpw52-22.docx p.a. as directed by this court under order dated 10.03.2021. The said payment towards the interest as directed above shall be made within three months.

6. Interim Applications and Contempt Petitions stand disposed of accordingly.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) Mohite 5/5 ::: Uploaded on - 20/04/2023 ::: Downloaded on - 21/04/2023 10:29:38 :::