Shri Gavade Sachin Shyamrao v. Shri Khamitkar Sunil Nagesh And ORS

36.CP14_2014.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 14 OF 2014 Gavade Sachin Shyamrao ... Petitioner vs.

Khamitkar Sunil Nagesh & Ors.

...

Respondents Mr. S.B. Deshmukh, Advocate i/b. Mr. R.B. Deshmukh for the petitioner. Mr. C.P. Yadav, AGP for respondent no. 3.

CORAM : SMT. VASANTI A. NAIK & C.V. BHADANG, JJ.

DATE : 6th February, 2015.

P.C.

By this Contempt Petition, the petitioner seeks an action against the respondent nos. 1 and 2 under the Contempt of Courts Act for willful disobedience of the directions issued by the order dated 25th July, 2012 in Writ Petition No. 6973 of 2012.

On hearing the learned counsel for the parties and on perusal of the order dated 25th July, 2012 as also the order dated 9th July, 2012 in Writ Petition No. 3833 of 2012 along with affidavit filed by the respondent nos 1 and 2 it appears that no case is made out by the petitioner against the respondents for initiation of an action under the Contempt of Courts Act. On a reading of the operative part of the orders dated 9th July, 2012 and 25th July, 2012, it appears that the respondents were directed to pay

36.CP14_2014.doc the arrears of salary to the petitioner and it is clear from the affidavit-inreply filed on behalf of the respondents that the arrears of salary for the period from 1st August, 2010 to 30th April, 2012 has been paid to the petitioner.

In view of the aforesaid, the Contempt Petition is disposed of, with no order as to costs.

(C.V. BHADANG, J.) (VASANTI A. NAIK, J.)