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Bombay High CourtCP/686/2016disposed offdismissed for default

Maharashtra Rajya Prathamik Shikshak Sangh Through Its President G S Fegade v. The State Of Maharashtra And Others

2019-04-02Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Nitin W. Sambre2 pages

686.16cp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.686 OF 2016 IN WRIT PETITION NO. 6311 OF 2014 Maharashtra Rajya Prathamik Shikshak Sangh, Branch Manager Palika prathmik Shikshak Sangh, through its President Gangaram Sitaram Fegade, Age: 52 years, Occ: Service, R/o. 29, "Laxmi" Om Shanti Nagar, Jalgaon, Tq. and Dist. Jalgaon ..PETITIONER

VERSUS

The State of Maharashtra Through the Secretary, Department of Primary Education, Mantralaya, Mumbai & ors ..RESPONDENTS Mr Vijay B. Patil, Advocate for applicant;

Mrs M.A. Deshpande, A.G.P. for respondent/State; Mr P.R. Patil, Advocate for respondent Nos. 3 & 4 CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 2nd APRIL, 2019 ORAL ORDER:

The present contempt petition is preferred complaining non compliance of the order dated 5th January, 2016 in Writ Petition No. 6311 of 2014. The order speaks of non deposit of amount of Rs.14,80,11,164/-. 2.

The Commissioner, Jalgaon Municipal Corporation has tendered affidavit. The cumulative effect of the pleadings and steps taken by

686.16cp (2) the Commissioner appears to be of complete deposit of said amount in the account of the petitioner association. The Commissioner who appeared personally before this Court has tendered unconditional apology to that effect.

3.

With the aforesaid background, we do not intend to proceed with the present contempt petition. As such, same stands disposed of. 4.

Needless to clarify that for any other remedy, it will be open for the petitioner to raise grievance in appropriate proceedings and order passed in this contempt petition does not come in their way, provided; there is no overlapping of a claim made.

( NITIN W. SAMBRE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe