Bombay High CourtCA/13233/2016disposed offdismissed for default

Madan Krishnaji Saitwal v. Dilip Punamshet Agrawal And Others

2016-10-19Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K.L. Wadane2 pages

CA 13233/16 in CP 539/12 in WP 2535/09 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13233/2016 IN CONTEMP PETITION No. 539/2012 IN WRIT PETITION NO.2535/2009 WITH CA NOs.

263/14,9792/14,10895/09,9900/2014,9906/2014,9905/2014,989 7/2014,W.P. 4853/2014,SMC 1/2015,CA 3395/2016. Madan Krushnaji Saitwal ..Applicant..

Versus

Dilip Punamshet Agrawal & others

...Respondents..

Shri S.P.Brahme, Advocate for the applicant.

Smt.M.A. Deshpande, AGP for the State.

Shri M.M.Bhokarirkar for Respondent nos.1 to 3. S.B.Talekar, Advocate for the management.

.....

CORAM: S.V. GANGAPURWALA & K.L. WADANE, JJ.

DATE: 19.10.2016 ORDER :

1] The present civil application is filed for withdrawal of the amount deposited by the present respondents pursuant to the orders passed by the Court. According to the learned counsel for the applicant, the said amount is also not the total amount as per the orders of the Court. The applicant is eligible for much

CA 13233/16 in CP 539/12 in WP 2535/09 - 2 - more amount. The amount deposited is Rs.2,05,000/- only. 2] We have heard Shri S.B. Talekar, learned counsel for the respondents.

3] The amount deposited is pursuant to the orders passed by this Court. The writ petition filed by the present respondents against the judgment of the School Tribunal directing reinstatement and payment of back wages is pending.

4] The Apex Court has requested this Court to decide the Writ Petition No.2535/2009 expeditiously. 5] Without prejudice to the rights of either of the parties, the applicant is allowed to withdraw the amount deposited by the respondents. The civil application is disposed of accordingly.

6] Place the Writ Petition No.2535/2009 alongwith all other applications and contempt petitions on 6.12.2016. 7] The respondents i.e. Jayant Sudhakar Kulkarni and Dilip Punamshet Agrawal shall remain present in this Court on 6.12.2016.

8] S.O. to 6.12.2016.

(K.L. WADANE, J.) (S.V. GANGAPURWALA, J.) ndk/c19101617.doc