Kai Subhadrabai Bahu Uddeshiya Mahila Sevabhavi Sanstha Through Its President And Secretary And ANR v. Vilas Wamanrao Gurav And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CIVIL APPLICATION NO.3243 OF 2019 IN RC/520/2016 KAI SUBHADRABAI BAHU UDDESHIYA MAHILA SEVABHAVI SANSTHA THROUGH ITS PRESIDENT AND ANOTHER

VERSUS

VILAS WAMANRAO GURAV AND OTHERS ...

Advocate for the Applicants : Shri S. S. Thombre AGP for Respondent-State : Shri S. P. Tiwari ...

CORAM : RAVINDRA V. GHUGE AND P. R. BORA, JJ.

DATED : 12th JULY, 2019.

...

PER COURT :

1.

This is an application seeking condonation of delay of 2 years and 3 months in seeking restoration of a Civil Application Stamp No. 3082/2016 which has been rejected by the order of the learned Registrar dated 06/06/2016 on account of non removal of office objections. These two Civil Applications are with reference to a Review Application filed by the applicant seeking review of the judgment dated 15/07/2015 delivered by this Court.

2.

The learned Advocate appearing on behalf of the

original petitioner employees makes a serious grievance. He submits that the review applicants are directed to pay the unpaid salaries of the three employees, who were the petitioners. The total unpaid salaries are about Rs. 38 Lakhs. On the one hand, the order is not being implemented and on the other hand, the Review Application was not being prosecuted diligently. He points out an order dated 29/10/2018 passed by this Court in Contempt Petition No. 97/2016 filed by these employees which would indicate that the review applicant was seeking adjournments in the contempt proceedings and at the same time has not complied with the order of this Court, on the pretext of the pendency of the Review Application. The learned advocate for the Applicants submits that they have a very good case in this review application.

3.

Prima-facie, we find that these employees are justified in voicing the said grievance.

4.

In view of the above, we are issuing notices to the respondents, returnable on 09/08/2019. The learned

Advocate waives service of notice on behalf of respondent Nos. 1, 2 and 3 and the learned AGP waives service of notice on behalf of respondent Nos. 4 to 8.

5.

On the condition that the review applicant shall deposit an amount of Rs. 20 Lakhs in this Court on or before 02/08/2019, the employees shall seek an adjournment in the contempt proceedings. If the said amount is not deposited in this Court, the Review Application shall stand rejected without reference to the Court on 03/08/2019. A request for extension of time shall not be entertained ( P. R. BORA, J. ) (RAVINDRA V. GHUGE, J.) shp/-