Ku. Shivgeeta Sadashiv Wasumate v. Shri Balwant Nanaji Upalenchwar Secretary Kelapur And Another

1901cp49.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO.49/2013 Ku. Shivgeeta Sadashiv Wasumate ...Versus...

Shri Balwant Nanaji Upalenchwar and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.P. Gangane, Advocate for petitioner Shri G.R. Kothari, Adv. h/f Shri V.R. Chaudhari, Adv. for respondent no.2 CORAM : Z.A. HAQ, J.

DATE : 19.01.2015 Heard Shri V.P. Gangane, learned Advocate for the petitioner and Shri G.R. Kothari, learned Advocate holding for Shri V.R. Chaudhari, Advocate for respondent no.2. The learned Advocates for the respective parties submit that the respondent no.1 is reported to be dead and the services of the respondent no.2 are terminated and therefore, she is not Headmistress of the School.

The grievance of the petitioner is that the order passed by the School Tribunal in Appeal No.39/2012 on 29.11.2012, directing the respondents to pay the arrears of salary, has not been complied.

In view of the facts stated above, I am of the view that the prosecution of the contempt petition further will not be justified and will not serve any purpose.

1901cp49.13.odt The notice of contempt issued against the respondents is dropped. The petitioner is at liberty to seek enforcement of the order against the appropriate parties, if so advised.

Contempt Petition is disposed of accordingly. JUDGE Wadkar