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Bombay High CourtCAN/95/2016disposed off

Shri Bajirao Shankar Khamkar And ANR v. Shri Anil Mahipati Patil

2018-02-27Hon'Ble Shri Justice A. K. Menon2 pages

hcs 902.cp487.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.487 OF 2015 WITH CIVIL APPLICATION NO.95 OF 2016 IN CP NO.487/2015 Anil Mahipati Patil .. Petitioner.

Vs.

Bajirao Shankar Khamkar & Ors.

.. Respondents.

Mr. N.V. Bandiwadekar for the petitioner in CP No.487/2015 and for respondent in CA No.95/2016.

Mrs. Vaishali Nimbalkar AGP for the State.

Mr. Rahul Kulkarni for Respondent No.2 in CP No.487/2015 and for the applicant in CA No.95/2016.

CORAM : A.K. MENON, J.

DATED : 27TH FEBRUARY, 2018 P.C. :

1.

The order dated 25th July, 2017 sets out earlier developments in the matter. Although the matter was adjourned for three weeks in order to ascertain compliance. On 29th January, 2018, the contempt petition came to be mentioned along with civil application. Since the compliance has not been effected, the matter came to be adjourned to 20th February, 2018 when the contemnor no.2 was present but his Advocate was absent. In the circumstances the matter is listed today.

1/2

902.cp487.15 2.

Today, learned Advocate for contemnor nos.1 and 2 submits an undertaking regarding arrangement between the petitioner and contemnor nos.1 and 2 in respect of payment of backwages. It records an unconditional undertaking to pay the balance amount in two installments, first of which is due on 15th April, 2018 and the second installment due on 15th July, 2018. Both counsel submit that the undertaking may be accepted. In view of the request made by the Advocates for the parties, the undertaking is taken on file and marked "X" for identification. The undertaking is accepted. Stand over to 16th April, 2018 for compliance.

3.

In view of fresh undertaking given Civil Application No.95 of 2016 which is taken out for relieving the applicants therein of earlier undertaking dated 13th June, 2016 will not obviously survive. Civil application is disposed of.

4.

Stand over to 16th April, 2018 for reporting compliance. (A.K. MENON,J.) 2/2