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Bombay High CourtCP/128/2014disposed offdismissed for default

Shaikh Rauf Dastagir v. Audumbar Ukirde

2018-06-04Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 128 OF 2014 SHAIKH RAUF DASTAGIR

VERSUS

AUDUMBAR UKIRDE AND ANOTHER Advocate for Petitioner : Mr. Moinuddin Shaikh h/f. Mr. S.S. Kazi.

Advocate for Respondents : Mr. K.J. Ghute Patil. CORAM : RAVINDRA V. GHUGE, J.

Dated : 04th June, 2018 PER COURT :

1.

The petitioner has filed this Contempt proceedings alleging disobedience of the judgment of the School Tribunal dated 18/01/2003.

2.

I am not entertaining this Contempt Petition for two reasons. Firstly, that the judgment of the School Tribunal being dated 18/01/2003, this Contempt Petition is filed in the year 2014. Secondly, it is settled law that the beneficiary of the judgment of the School Tribunal can seek execution of the order under Section 13 of the MEPS Act, 1977.

3.

As such, this petition is disposed of. The

petitioner would be at liberty to take recourse to Section 13 proceedings under the MEPS Act, 1977. The time spent by the petitioner in this Court from 28/02/2014 till today, would be considered by the School Tribunal. ( RAVINDRA V. GHUGE, J. ) S.P.C.