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Bombay High CourtCP/308/2015disposed offdismissed for default

The Maharashtra State Warehousing Corporation, Aurangabad v. Yogesh Zaveri

2016-08-05Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K.L. Wadane3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.308/2015 IN PUBLIC INTEREST LITIGATION NO.48/2013 The Maharashtra State Warehousing Corporation, Aurangabad.

...Petitioner..

Versus

Yogesh Zaveri.

...Respondent...

.....

S/Shri R.S. Deshmukh and Amol Joshi, Advocates for petitioner.

Shri A.V. Patil, Advocate for respondent.

.....

CORAM: R.M. BORDE & K.L. WADANE, JJ.

DATE: 05.08.2016 ORDER :

1] The respondent has presented an undertaking on 26.7.2016 admitting the liability to the tune of Rs.78,92,243/-. The respondent has also undertaken to deposit the aforesaid sum with the Corporation in four equal quarterly installments each of Rs.19,73,060/-

- 2 - within one year commencing from August, 2016. 2] The learned counsel appearing for the petitioner disputes the quantum towards the liability stated by the respondent in the undertaking and claims recovery of Rs.1,21,14,551/-. The amount computed by the Corporation is inclusive of the delayed charges and the interest. 3] We deem it appropriate to permit the respondent to deposit the amount as undertaken by him.

4] The respondent shall deposit the amount as undertaken and a single default in payment would be deemed to be an act of contempt / violation of the order of this Court.

5] It would be open for the petitioner to withdraw the amount of Rs.5,00,000/- deposited by the respondent in this Court.

6] So far as additional amount claimed by the petitioner is concerned, it would be open for the petitioner to take up appropriate proceedings for recovery of the additional amount in accordance with provisions of law and we do not express any opinion as regards the entitlement of the petitioner to recover the aforesaid additional amount. It would be open for the

- 3 - petitioner to raise a dispute in that regard. 6] In view of above, contempt petition stands disposed of. Notices issued earlier in the contempt petition stand discharged.

(K.L. WADANE, J.) (R.M. BORDE, J.) ndk/c581619.doc