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Bombay High CourtCP/112/2015dispossed offdismiss for default

Shri Nilkanth S/O Shamraoji Ghodmare v. Shri Subhash Govindrao Chakole, President Shri Sadbhavana Bahhudeshiya Shikshan Sanstha And 2 Oth

2016-05-06Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande2 pages

1/2 cp112.15& oths

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETN. NO. 112 OF 2015 IN WRIT PETN. NO. 7233 OF 2014 (D) Nilkanth Shyamrao Ghodmare -vs- Subhash Govindrao Chakole and ors. CONTEMPT PETN. NO. 113 OF 2015 IN WRIT PETN. NO. 7234 OF 2014 (D) Umeshkumar Sudhakar Gonnade -vs- Subhash Govindrao Chakole and ors. CONTEMPT PETN. NO. 114 OF 2015 IN WRIT PETN. NO. 7225 OF 2014 (D) Ku.Pratibha Shriram Lanjewar -vs- Subhash Govindrao Chakole and ors. CONTEMPT PETN. NO. 116 OF 2015 IN WRIT PETN. NO. 7231 OF 2014 (D) Lokesh Pandhari Khoke -vs- Subhash Govindrao Chakole and ors. CONTEMPT PETN. NO. 117 OF 2015 IN WRIT PETN. NO. 7232 OF 2014 (D) Narendra Suryabhanji Ghorpade -vs- Subhash Govindrao Chakole and ors. CONTEMPT PETN. NO. 118 OF 2015 IN WRIT PETN. NO. 7228 OF 2014 (D) Sachin Tarachand Bhujade -vs- Subhash Govindrao Chakole and ors. CONTEMPT PETN. NO. 120 OF 2015 IN WRIT PETN. NO.

7226 OF 2014 (D) Revaram Shriram Chakrapani -vs- Subhash Govindrao Chakole and ors. CONTEMPT PETN. NO. 181 OF 2015 IN WRIT PETN. NO. 7230 OF 2014 (D) Narayan Ramdas Kangale -vs- Subhash Govindrao Chakole and ors. CONTEMPT PETN. NO. 182 OF 2015 IN WRIT PETN. NO. 7227 OF 2014 (D) Dasharath Subhash Kalbhor -vs- Subhash Govindrao Chakole and ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr.S.P.Bhandarkar, counsel for the petitioners. Mr.R.S.Parsodkar, counsel for the respondent Nos.1 and 2. Mrs.K.R.Deshpande, AGP for the respondent No.3. CORAM : SMT. VASANTI A. NAIK & V.M.DESHPANDE, JJ.

DATE : 06.05.2016.

By this contempt petition, the petitioner seeks action against the respondents for willful disobedience of the order, dated 23/12/2014.

2/2 cp112.15& oths It is stated on behalf of the petitioner that though, by the order of which the contempt is alleged, the Management was directed to send the proposal and the salary bills to the Project Officer so that the Project Officer could disburse the salary in favour of the petitioner, the Management had failed to send the salary bills in respect of the arrears of salary and the Project Officer has also not paid the arrears of salary to the petitioner.

Mrs. Deshpande, the learned Assistant Government Pleader for the respondent No.3, states on instructions that the salary bills of the petitioner for the period from 11/08/2015 were submitted by the Management to the Project Officer and the Project Officer has paid the salary to the petitioner as per the salary bills. It is stated that there is no direction in the order, dated 23/12/2014 to pay the arrears of salary.

On a reading of the order of which the contempt is alleged and the statement made by the learned Assistant Government Pleader, we find that it would not be proper to proceed with the contempt petition any longer. We do not find that by the order, dated 23/12/2014, the Project Officer was directed to pay the arrears of salary to the petitioner. After the petitioner joined the services of the Management, the salary bills of the petitioner were sent by the Management to the Project Officer and the salary is paid to the petitioner, from the date of his joining.

In view of the aforesaid, the contempt petition is disposed of with no order as to costs.

JUDGE JUDGE KHUNTE