Sanjeevani Shikshan Prasarak Mandal Nanded Through Its Secretary And Another v. Ujwala Sunil Umale And Others

8 CA.15564.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

8 CIVIL APPLICATION NO. 15564 OF 2022 IN WRIT PETITION NO.13619 OF 2019 SANJEEVANI SHIKSHAN PRASARAK MANDAL NANDED THROUGH ITS SECRETARY AND ANOTHER

VERSUS

UJWALA SUNIL UMALE AND OTHERS ...

Advocate for Applicant : Mr. Gulabrao K. Salve. Advocate for Respondent No.1 / Petitioner : L. V. Sangit, h/f Mr. M. L. Sangit. AGP for Respondent Nos.2 to 4 : Mr. V. M. Kagne. ...

CORAM :

RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :

02nd January, 2023.

Per Court:

1.

This is an application filed by Prataprao Dadarao Shinde, the President of respondent No.1 education society, dated 17th November, 2022, praying for recalling the issuance of the bailable warrant vide order dated 7th October, 2022 passed by this Court (Coram: Mangesh S. Patil and Sandeep V. Marne, JJ.). 2.

We have heard the learned advocate for the management. 3.

It was on 22nd March, 2022 that the management was directed to produce a data in respect of the vacant posts of teaching and non-teaching staff in both the schools operated by the management. Time was granted till 1st April, 2022. Nothing was

8 CA.15564.22.odt forthcoming from the management. After two adjournments, this matter came up before this Court (Coram : C. V. Bhadang and Sandipkumar C. More, JJ.), which passed an order on 13th July, 2022. None was present for the management. Thereafter, this Court granted adjournments on 8th September, 2022 and 22nd September, 2022. The order of this Court dated 22nd March, 2022 was not complied with. Hence, by order dated 7th October, 2022, a bailable warrant was issued. This led to the filing of the affidavit by Shri Prataprao Dadarao Shinde, dated 18th November, 2022, which is practically eight months after the order passed by this Court and after granting several adjournments.

4.

Considering the above, the civil application is partly allowed with a direction to respondent No.1 management to deposit an amount of Rs.10,000/- (Rupees Ten Thousand Only) with the Advocate's Association of the Bombay High Court, Bench at Aurangabad, on or before 21st January, 2023. On this condition, the bailable warrant issued vide order dated 7th October, 2022 stands recalled.

5.

List the writ petition on 24th January, 2023 in the urgent category, to be called out after the fresh admissions board is over. [ SANJAY A. DESHMUKH, J. ] [ RAVINDRA V. GHUGE, J. ] nga