Dharma Kondiba Thorat v. The State Of Maharashtra And Others

903-cp-81-06

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 81 OF 2006 Dharma K. Thorat

...Petitioner

Versus

The State of Maharashtra and ors.

...Respondents

Mr. Ramdas P. Sabban for the Petitioner.

Mr. N.C. Walimbe, AGP for the Respondents.

CORAM : SMT. V. K. TAHILRAMANI, Acting C.J. & M. S. SONAK, J.

DATE : 22nd MARCH 2018.

P.C.

1] Heard learned counsel for the parties.

2] Mr. N.C.Walimbe, learned AGP places on record communication dated 26th February 2018 addressed by the Under Secretary, Government of Maharashtra to Mr.Ramdas Sabban, learned counsel appearing for the petitioner. The said communication is taken on record and marked as "X" for purposes of identification. 3] In the aforesaid communication, it is clearly stated that necessary proposal for release of benefits, in terms of the order of which contempt is alleged, have been D.S.Sherla page 1 of 2

903-cp-81-06 forwarded to the Finance Department. Mr. Walimbe submits that necessary decision will be taken within a period of eight weeks from today.

4] Taking into consideration the aforesaid communication, we do not deem it appropriate to keep the present contempt petition pending. We, however, direct the respondents to do the needful latest by 15th May 2018. Mr. Sabban points out that since there is a delay in compliance, interest may be awarded. In a contempt petition, we are afraid that we will not be in a position to consider the request for such substantive relief. However, if, any grievance of the petitioner survives, then, the petitioner will be at liberty to take out appropriate proceedings before the appropriate forum for redressal of such grievance. However, we make it clear that we have not gone into this issue and therefore, all contentions of all parties are left open.

5] With the aforesaid observations, this contempt petition is disposed of.

(M.S. SONAK, J.) (ACTING CHIEF JUSTICE) D.S.Sherla page 2 of 2