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Bombay High CourtCP/513/2015disposed off

Palghar Taluka Reti Utpadak Audyogik Sahakari Sanstha Maryadit v. The State Of Maharashtra

2017-04-24Hon'Ble Shri Justice A. K. Menon,Hon'Ble Shri Justice A.S. Oka1 pages

1 13.cp-513.15.doc sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.513 OF 2015 IN WRIT PETITION NO.10175 OF 2013 Palghar Taluka Reti Utpadak Audyogik Sahakari Sanstha Maryadit ... Petitioner vs.

The State of Maharashtra & Ors.

...Respondents

Ms. Sonal Dabholkar i/b. Suresh M. Sabrad for the petitioner. Mr. Manish M. Pabale, AGP, for the respondent nos.1 to 6. CORAM : A.S.OKA, & A. K. MENON, JJ.

DATE : 24th APRIL, 2017 P.C.

1. Perused the reply dated 15th February, 2017 of Shri Sambhaji Erwantrao Adkune, Deputy Collector, General Administration of Collector Office at Palghar. The paragraph 6 of the said affidavit shows that though belatedly, the entire amount payable to the petitioner with interest has been paid. The reasons for the delay have been explained. The main reason is the bifurcation of the District Thane into Thane and Palghar Districts. An apology is tendered for the said delay.

2. Considering the facts set out in the said affidavit, the breach on the part of the respondents cannot be said to be willful or deliberate. By accepting the apology, the notice issued on 13th January, 2017 is discharged. The petition is disposed of. (A. K. MENON, J.) (A. S. OKA, J.)