Bombay High CourtCAW/191/2018admittedallwdgrantedrule absolute

Jan Shakti Shikshan Sanstha, Yavatmal Through Secretary And Another v. Ku.Karuna Baburao Patil @ Smt. Karuna W/O Govindro Kale And Others

2018-02-09Hon'Ble Shri Justice Z.A. Haq2 pages

1 caw191.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.W. NO.191/2018 IN WRIT PETITION NO.1902/1999 (D) Jan Shakti Shikshan Sanstha, Pandharkawada and another ..Vs..

Ku. Karuna Baburao Patil @ Smt. Karuna W/o Govindrao Kale and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. R.D. Raskar, Advocate for the petitioners. Shri S.P. Bhandarkar, Advocate for respondent No.1. Shri S.S. Ghate, Advocate for the respondent No.2. CORAM : Z.A. HAQ, J.

DATE : 9.2.2018.

Though the application is opposed by the learned Advocate appearing for the respondent No.1, considering the facts brought on record by the petitioners in this application, the following order is passed:

Time to pay Rs.8,00,000/- (Rs. Eight Lakhs) to the respondent No.1 is extended till 31st July, 2018. The assurance given on behalf of the respondent No.1 that the amount will be paid till 31st July, 2018 in four equal instalments is accepted.

The petitioners shall pay Rs.2,00,000/- (Rs. Two Lakhs) to the respondent No.1 till 1st March, 2018. The petitioners shall pay the second instalment of Rs.2,00,000/- (Rs. Two Lakhs) to the respondent No.1 till 16th April, 2018.

The petitioners shall pay third instalment of

2 caw191.18 Rs.2,00,000/- (Rs. Two Lakhs) to the respondent No.1 till 11th June, 2018.

The last instalment of Rs.2,00,000/- (Rs. Two Lakhs) shall be paid by the petitioners to the respondent No.1 till 31st July, 2018.

If this time schedule is adhered to by the petitioners, they will not be liable to pay interest as directed by the judgment given by this Court in Writ Petition No.1902/1999. It is clarified that if the petitioners fail to adhere to the above time schedule and commit any default, the petitioners would be liable to pay interest as directed by the judgment delivered in writ petition. The civil application is allowed accordingly. No costs.

JUDGE Tambaskar.