Bombay High CourtCP/417/2012disposed offdismissed for default

Dr. Geeta Balkrishna Nehete v. Arunodaya Dnyan Prasarak Mandal Jalgaon Thr Secretary And ANR

2015-02-26Hon'Ble Shri Justice V.M. Deshpande2 pages

G.A.Ghule 1/2 cp 417.12 in wp 8434.11.sxw [P.A.]

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Contempt Petition No.417 Of 2012.

In Writ Petition No.8434 Of 2011.

With Civil Application No.1952 Of 2015.

DR.GEETA BALKRISH NEHTE.

VERSUS

ARUNODAY DNYANGANGA PRASARAK MANDAL, JALGAON AND ANOTHER.

Appearance => Mrs. Surekha P. Mahajan A/with Mr. Sandip Rathod, Advocate for the Petitioner.

Mr. R.J. Godbole, Advocate for Respondent Nos. 1 and 2.

CORAM

V.M. DESHPANDE, J.

DATE :

26th FEBRUARY, 2015.

Per Court :- The Petitioner in the Contempt Petition - Dr. Geeta Balkrishna Nahete and Respondent No.1 Arun Pandurang Chaudhari, Secretary, Arunodaya Dnyan Prasarak Mandal, Jalgaon and Ex Principal - Mr. Kisan M. Patil, Arunodaya Dnyan Prasarak Mandal's College of Arts, Commerce and Home Science, Near Khaja Minya Road, Jalgaon, Dist. Jalgaon are personally present before the Court.

[2] Both the learned counsel submitted that, parties to this litigation have settled their dispute amicably out of the court. They across the bar, handed over the terms of compromise, which is duly signed by the parties to the Contempt Petition and also their respective counsel. The compromise term is taken on record and for identification purpose, it is marked as "X".

2/2 cp 417.12 in wp 8434.11.sxw [3] It is stated on behalf of the petitioner in the Contempt Petition that she has already reinstated in the service. Said submission is confirmed by the Management and also stated that the petitioner is reinstated with the continuity. Since parties to this litigation have settled their dispute, this Contempt Petition needs to be disposed of in terms of compromise. [4] Further the amount of Rs.4 Lakhs deposited by the Management with the Registry of this court, will have to be distributed as per clause - 3 of the compromise terms and accordingly, the petitioner will be entitled to withdraw Rs.2,87,050=00 (Rs.Two Lakhs Eighty Seven thousand and Fifty.) from the said Rs.4 Lakhs and the Respondent - Management will be entitled to withdraw Rs.1,12,950/- (Rs.One Lakh, Twelve Thousand Nine Hundred Fifty.) from the said Four Lakhs rupees. Accordingly, Registry is directed to permit the parties to withdraw the said amount. [5] In view of the terms of compromise, Contempt Petition has rendered infructuous and is disposed of accordingly.

(V.M. DESHPANDE, J.)