Bombay High CourtCP/88/2019disposedoff

Tulsidas S/O Kashiram Tondare v. Chakradhar J. Donadkar, The. Secretary, Shri. Chakradhar Swami Shikshan Sanstha And Another

2019-06-21Hon'Ble Shri Justice Z.A. Haq2 pages

1 cp88.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CONTEMPT PETITION NO.88/2019 IN WRIT PETITION NO.1929/2017 Tulsidas S/o Kashiram Tondare ..Vs..

Shri Chakradhar S/o Jagoba Donadkar and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. P.D. Rane, Advocate for the petitioner.

Shri M.R. Pillai, Advocate for respondent Nos.1 and 2. CORAM : Z.A. HAQ, J.

DATED : 21.6.2019.

The School Tribunal has allowed the appeal filed by the petitioner and has directed the Management to notionally reinstate the petitioner with continuity of service and to make available to him the monetary benefits as directed. The order passed by the School Tribunal is challenged by the Management before this Court in writ petition which is admitted and is pending for final hearing. This Court has refused to grant interim order as prayed for by the Management.

By this contempt petition, the petitioner complains that though interim order is not granted and is specifically refused by this Court, the Management and Headmaster of the School have not complied with the directions given by the School Tribunal regarding the monetary benefits. The copy of order passed by School Tribunal is not placed on record. The pleadings in the contempt petition are not sufficient to take cognizance

2 cp88.19 under the provisions of the Contempt of Courts Act, 1971. Faced with this situation, learned Advocate for the petitioner sought permission to withdraw the contempt petition with liberty to file fresh contempt petition. The contempt petition is disposed as not pressed with liberty as prayed for.

JUDGE Tambaskar.