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Bombay High CourtCP/543/2019disposed off

Maharashtra Pensioners Association, Thr. Its Chairman/Secretary v. Ms. Vandana Krishna, Additional Chief Secretary And ORS.

2022-02-11Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice Amit Borkar2 pages

Agk 1 1-CP-543-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.543 OF 2019 Maharashtra Pensioners Association through its Chairman/Secretary

...Petitioner

Vs.

Ms. Vandana Krishna, Additional Chief Secretary and Ors.

...Respondents

Mr. Narendra V. Bandiwadekar, with Mr. Vinayak Kumbhar, i/b Ashwini Navjyot Bandiwadekar, for the Petitioner. Mr. V.M. Mali, AGP, for the Respondent-State.

CORAM

: NITIN JAMDAR & AMIT BORKAR, JJ.

DATED : 11 FEBRUARY 2022.

(Through Video Conferencing) P. C. :

Heard learned Counsel for the parties.

2.

The petition has been adjourned from time-to-time. The learned AGP states that a communication is received from the Under Secretary by ATUL GANESH KULKARNI Date:

2022.02.11 13:09:34 +0530 ATUL GANESH KULKARNI that necessary steps to comply with the orders will be taken within eight weeks from today and has tendered apology for not taking steps

Agk 2 1-CP-543-19.doc earlier. The learned Counsel for the Petitioner states that it is almost for five years steps have not been taken. We note that what are before us are contempt proceedings. Because there is a financial aspect involved and that an apology is being tendered by the Under Secretary, while accepting the same and the statement made that the steps would be taken within eight weeks from today, at present we do not intend to proceed further in contempt jurisdiction.

3.

While we dispose of the Contempt Petition in light of this assurance, we give liberty to the Petitioner to revive the contempt proceedings through the present petition in case the amount is not disbursed within period of eight weeks and thereupon the Respondents are put to notice that it would be a case of aggravated contempt. (AMIT BORKAR, J.) (NITIN JAMDAR, J.)