Mr Sandeep Dattatray Muluk v. Mr Manukumar Shrivastav, The Principal Secretary

13-cp-30-2017 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 30 OF 2017 Mr. Sandeep Dattatray Muluk ...

Petitioner vs.

Mr. Manukumar Shrivastav ...

Respondents The Principal Secretary Revenue Dept. Mantralaya ..........

Mr. Sachin Ramrao Pawar for the Petitioner.

Mr.Manish M. Pabale, AGP for Respondent- State ..........

CORAM : A.S. OKA & A.K. MENON, JJ.

DATE : 13th APRIL, 2017 P.C.

1.

Learned AGP has placed on record copies of two orders dated 12th April, 2017. Under the said orders, the State Government has directed that the petitioner will be entitled to refund of amounts of Rs.9,59,500/- and Rs.13,15,909/-. The orders are taken on record and marked X-1 for identification. Learned AGP on instruction states that amount will be paid to the petitioners within one week from today. We accept the said statement. Thus, there is a substantial compliance with the order dated 17th October, 2016 of which the breach is complained of.

13-cp-30-2017 2.

Considering the nature of the orders which are placed on record, it cannot be said that there was any deliberate or willful breach on the part of the State Government in complying with the said order. Hence, no case is made out for initiating action under the Contempt of Courts Act, 1971.

3.

The Petition is disposed of.

(A.K. MENON, J.) (A.S. OKA, J)