Mrs. Saroj Rasilal Dave v. Sonal Rajesh Barot,The Principal Acharya Shri. D.B.Dadawala Junior Collerge And ORS.

22. CP.133.2020.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.12.09 15:01:04 +0530 BALAJI GOVINDRAO PANCHAL CONTEMPT PETITION NO. 133 OF 2020 Mr. Saroj Rasilal Dave (Since deceased Thr. heir & Legal representative. ..Petitioner

Versus

Sonal Rajesh Barot The Principal & Ors.

..Respondents Mr. Aniesh Jadhav i/b Pradeep J. Thorat, for the Petitioner. Mr. Kaustubh Patil a/w Adv. Mansi Shah i/b Adv. Jay Vakil for the Respondent Nos. 1 & 3.

CORAM : NITIN W. SAMBRE & SHARMILA U. DESHMUKH, JJ.

DATE : 7th DECEMBER, 2022 P.C.

1.

Counsel for respondents submits that the demand draft towards payment of difference in salary of the deceased employee upto 31st October, 2018 i.e. the date of retirement of the petitioner shall be paid within period of four weeks.

2.

Statement is accepted as an undertaking.

3.

As far as the balance claim is concerned, in view of the document at page No.53 i.e. acknowledging the receipt of amount of Rs.15,19,441/- after adjusting Rs.1,40,000/- tax liability towards the full and final settlement of the claim, in our opinion, no case for BGP.

22. CP.133.2020.doc.

interference in writ jurisdiction is made out as the petition involves disputed question of facts.

4.

The petition as such stands dismissed.

5.

However, the petitioner is at liberty to move before the civil court for adjudication of his claim.

[SHARMILA U. DESHMUKH, J.] [NITIN W. SAMBRE, J.] BGP.