Bombay High Court
Vijay Anna Sagare vs Municipal Corporation Of Greater ... 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
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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
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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
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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 10:29:34 ::: 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 10:29:34 :::