Stri Shakti v. Public And Health Dept. Health Ministry And ANR

127-ia-3375-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3375 OF 2021 IN WRIT PETITION NO. 4289 OF 2021 Stri Shakti ... Applicant

Versus

Public and Health Dept. Health Ministry and Anr.

...Respondents

---- Mr.Anil Lulla a/w Ms.Sanjana Prajapate and Mr.Nikhil Safna for the Applicant.

Mrs.M.P. Thakur, AGP for Respondent-State.

Mr.Avinash Powar, ACB, Mumbai Dr.Padmaja Jogewar, Joint Director of Health Services, Mumbai. ---- CORAM : S.V. GANGAPURWALA & NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2022.07.13 14:43:45 +0530 S.M. MODAK, JJ.

DATE : 7 JULY 2022 P.C:- .

It is submitted that pursuant to the order of this Court dated 23 March 2021 the Respondents have deposited an amount of Rs.3,34,23,100/-.

2.

Under order dated 12 April 2022, in the presence of the Officer of the ACB the Division Bench of this Court directed the ACB to complete and conclude the enquiry upto 5 May 2022. As on date the inquiry is not concluded. N.S. Kamble page 1 of 2

127-ia-3375-2021 3.

The affidavit is filed today. In paragraph No.4 of the affidavit filed by the Joint Director (NCD), Health Services, Mumabi, it is stated that the Anti Corruption Department has send inquiry status letter dated 26 April 2022 in which it is mentioned that the Anti Corruption Department has yet not found any mal practice or miss-appropriation in investigation. However, it is further mentioned that this statement is not final or concluded.

4.

The non-applicant herein has deposited the amount as directed by this Court.

5.

To balance the equity and considering the affidavit filed today, we pass the following order.

ORDER

(i) The Applicant is allowed to withdraw 50% of the amount deposited by the Respondent, on furnishing Solvent Security to the satisfaction of the Registrar.

(ii) The said withdrawal shall without prejudice to the rights and contentions of the parties and subject to the decision in the Writ Petition. (iii) Interim Application is disposed of.

4.

Place the Writ Petition on 30 August 2022.

(S.M. MODAK, J.) (S.V. GANGAPURWALA, J.) N.S. Kamble page 2 of 2