Sanjay Sadashiv Nikam v. Custom Capsules Pvt. Ltd

21_cp_275_2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.275 OF 2024 IN WRIT PETITION NO.767 OF 2021 Sanjay Sadashiv Nikam

...Petitioner

Versus

Cusotm Capsules Pvt. Ltd.

...Respondent

...

Mr. Suresh Sabrad with Mr. Pratik Sabrad and Mr. Amey Sawant for the Petitioner.

Mr. R.V. Paranjape for the Respondent.

CORAM : SANDEEP V. MARNE, J.

DATED : 2 MAY 2024.

PC:

1.

The Contempt Petition is filed alleging non compliance of order passed by this Court on 24 January 2024 by which this Court directed payment of lumpsum compensation of Rs.25,00,000/- to the Petitioner in Contempt Petition. 2.

Albeit with some delay, the Respondent has paid to Petitioner an amount of Rs.20,47,400/- after deducting the balance Digitally signed by MEGHA SHREEDHAR PARAB Date:

2024.05.03 10:59:23 +0530 amount towards taxes. It appears that on account of deduction of MEGHA SHREEDHAR PARAB taxes, a substantial amount of Rs.4,52,600/- is denied to the Megha 1/2

21_cp_275_2024.docx Petitioner. This Court has fixed lumpsum compensation of Rs.25,00,000/- considering the fact that the Petitioner is out of service from 7 March 2017. Thus, lumpsum compensation is being awarded to him in lieu of backwages. Therefore, the amount of Rs.25,00,000/- will have to be considered as staggered wages receivable by Petitioner from 7 March 2017. In that view of the matter, the Respondent shall release the entire amount of Rs.25,00,000/- to the Petitioner and it will be for the Petitioner to satisfy the income tax authorities in respect of his tax liability towards receipt of amount of Rs.25,00,000/- towards staggered wages during the period from 7 March 2017 till 24 January 2024. In that view of the matter, the balance amount of Rs.4,52,600/- shall also be paid by Respondent to the Petitioner within two weeks. 3.

With the above directions, the Contempt Petition is closed.

[SANDEEP V. MARNE, J.] Megha 2/2