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Bombay High CourtCP/1/2019disposed offdismissed for default

Bajirao Shamrao Kolte v. Mr Aseem Gupta And Others

2019-12-13Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Anil S. Kilor3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.1 OF 2019 IN WRIT PETITION NO.3352 OF 2017 Bajirao Shamrao Kolte, Age: 63 years, Occu: Retired, R/o. N-11, Navjeevan Colony, Hudco, Aurangabad, Dist. Aurangabad ..PETITIONER

VERSUS

1.

Mr. Aseem Gupta, Age: Major, Occu. Government Service, The Secretary, Rural Development Department, Mantralaya, Mumbai 2.

Smt. Pavneet Kaur, Age: 34 years, Occu: Service, The Chief Executive Officer, Zilla Parishad, Aurangabad, Dist. Aurangabad 3.

Prakash Ganpatrao Jondhale, Age : 53 years, Occu: Service, Block Development Officer, Panchayat Samiti, Soygaon, Tq. Soygaon, Dist. Aurangabad 4.

Appasaheb Chate, Age: 57 years, Occu: Service, The Chief Accounts and Finance Officer, Zilla Parishad, Aurangabad ..RESPONDENTS Mr V. H. Dighe, Advocate for petitioner;

Mr Z. Y. Pathan, Advocate for respondent Nos.2 to 4 CORAM : PRASANNA B. VARALE AND ANIL S. KILOR, JJ.

DATE : 13th December, 2019

(2) ORAL ORDER:

By an order dated 7th November, 2019, at the request of learned Counsel for respondent Nos.2 to 4, time of two weeks was granted as a last chance for filing additional affidavit.

2.

Mr Pathan, learned Counsel for respondent Nos.2 to 4, by inviting our attention to the affidavit-in-reply, submitted that the pension, to which the petitioner was entitled, namely, first time bound promotional scale, second time bound promotional pay-scale and the arrears of pay are disbursed and released in favour of the petitioner. A copy of receipt indicating deposit of the amount in the account of the petitioner in Aurangabad District Central Co-operative Bank Ltd. is also placed on record along with the exchange of communications. 3.

In the affidavit-in-reply of respondent Nos.2 to 4 filed through Shri. S. B. Tupe, Block Development Officer, Panchayat Samiti, Soygaon, Dist. Aurangabad, an unconditional apology is tendered on behalf of respondent Nos.2 to 4 for the delay caused in compliance of the order. It is submitted in the affidavit-in-reply that due to certain administrative and procedural formalities, it took some time to comply the order of this Court.

(3) 4.

Considering the aforesaid fact that the order of this Court is now duly complied with and accepting the unconditional apology to this Court, the present contempt petition is disposed of. (ANIL S. KILOR, J.) (PRASANNA B. VARALE, J.) sjk