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Bombay High CourtCA/15106/2018disposed offdismissed for default

Dalpat Gopal Vasave And Others v. The State Of Maharashtra And Others

2019-01-23Hon'Ble Shri Justice T.V. Nalawade,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

CA No. 15106/18

IN THE HIGH COURT AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD 906 CIVIL APPLICATION NO.15106 OF 2018 IN WP/11512/2014 DALPAT GOPAL VASAVE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. A.N. Nagargoje AGP for Respondent/State : Mr. A.V. Deshmukh Advocate for Respondent 3 : Mr. N.B. Khandare h/f. Mr. N.N. Desale Advocate for Respondent 4 : Mr. G.D. Jain h/f. Mr. M.S. Sonawane ...

CORAM : T.V. NALAWADE AND SUNIL K. KOTWAL, JJ.

DATED : 23/01/2019.

ORDER :

1.

The application is filed for making the order of disbursement of the amount to the employees of the respondent No. 4 Bank. Both the sides are heard.

2.

This Court has carefully gone through the interim order made by this Court in Writ Petition No. 11512/2014 dated 10.1.2017. The submission was made that after passing of the interim order, the application was moved by the State for recalling the order, but the application came to be rejected and then direction was given by this Court by order dated 15.10.2018 in writ petition that coercive action will be taken if

CA No. 15106/18 the order made by this Court on 10.1.2017 is not complied with. It appears that due to order made by this Court on 15.10.2018 the amount came to be deposited. The learned counsel representing respondent No. 3 submitted that though the direction was against the State Government, as per the direction given by the State Government to respondent No. 3 the amount is deposited by respondent No. 3. This circumstance cannot make any difference as the interim order was already made by this Court which is with regard to the payment of salary of employees of three months. The order is made by way of interim arrangement and this order is not under challenge anywhere. In view of these circumstances and as it is not disputed that the employees were there and they are entitled to get the amount, the application is allowed.

Amount already deposited be sent to respondent No. 4, the employer of the employees and respondent No. 4 is to make disbursement of the amount within 15 days from the date of receipt of the amount. Registry to send the amount immediately to respondent No. 4 bank. [SUNIL K. KOTWAL, J.] [T.V. NALAWADE, J.]