Vijay Anna Sagare v. Municipal Corporation Of Greater Mumbai And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2023.04.20 15:13:05 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION TRUSHA TUSHAR MOHITE CONTEMPT PETITION NO.52 OF 2022 WRIT PETITION NO.364 OF 2021 INTERIM APPLICATION NO.10104 OF 2022 WRIT PETITION NO.364 OF 2021 Vijay Anna Sagare CONTEMPT PETITION NO.53 OF 2022 WRIT PETITION NO.349 OF 2021 INTERIM APPLICATION NO.1342 OF 2022 WRIT PETITION NO.349 OF 2021 Manohar Narsinha Samant Municipal Corporation of Gr.Mumbai and Anr.

CONTEMPT PETITION NO.54 OF 2022 WRIT PETITION NO.346 OF 2021 INTERIM APPLICATION NO.10799 OF 2022 WRIT PETITION NO.346 OF 2021 Eknath Jairam Gawade 1/5

CONTEMPT PETITION NO.55 OF 2022 WRIT PETITION NO.304 OF 2021 INTERIM APPLICATION NO.1341 OF 2022 WRIT PETITION NO.304 OF 2021 Sadanand Gopal Shetye CONTEMPT PETITION NO.56 OF 2022 WRIT PETITION NO.354 OF 2021 INTERIM APPLICATION NO.10882 OF 2022 WRIT PETITION NO.354 OF 2021 Milind Deorukhkar CONTEMPT PETITION NO.57 OF 2022 WRIT PETITION NO.331 OF 2021 2/5

INTERIM APPLICATION NO.1335 OF 2022 WRIT PETITION NO.331 OF 2021 Shirish Govind Ketkar CONTEMPT PETITION NO.59 OF 2022 WRIT PETITION NO.365 OF 2021 INTERIM APPLICATION NO.1346 OF 2022 WRIT PETITION NO.365 OF 2021 Sharad Kulkarni CONTEMPT PETITION NO.60 OF 2022 WRIT PETITION NO.355 OF 2021 INTERIM APPLICATION NO.1356 OF 2022 WRIT PETITION NO.355 OF 2021 Anil Vinayak Kamble 3/5

Ms. Shristi Shetty i/b M/s.M.V.Kini and Co. for the BEST and for the Applicant in Interim Applications Mr.Pankaj Thatte for the Petitioner

CORAM:

S.V. GANGAPURWALA, ACJ & SANDEEP V. MARNE,J.

DATED :

APRIL 19, 2023 P.C.

1.

Interim Applications are not on board. Upon mentioning, taken on board.

2.

The contempt is alleged of the order dated 10.03.2021 wherein the court directed to clear the dues on or before 09.04.2021 with 9% p.a. interest.

3.

The learned Counsel for the Brihanmumbai Electric Supply & Transport Undertaking (BEST) submits that the principal amount has been paid to the Petitioners. The only dispute is about the rate of interest. The Interim Applications are filed by the BEST for reducing the rate of interest.

4.

The learned Counsel for the original Writ Petitioners submits that they are ready to accept 6% interest, provided the BEST pays the same expeditiously.

5.

In light of that, the BEST shall pay interest on the delayed payment of retiral benefits @ 6% p.a. instead of 9% 4/5

p.a. as directed by this court under order dated 10.03.2021. The said payment towards the interest as directed above shall be made within three months. 6.

Interim Applications and Contempt Petitions stand disposed of accordingly.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) 5/5