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Bombay High CourtMCA/584/2015admittedallwdgrantedrule absolute

Sadiq Shafi Qureshi v. Mr. Amarlal Daulatani, Executive Director, The Corporate Bank And 4 Others

2015-07-10Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Kum. Justice Indira Jain3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application No. 584 of 2015 in Contempt Petition No. 193 of 2013 in W.P.No. 988 of 2006 Sadiq Shafi Qureshi vs. Mr. Amarlal Daulatani and others. Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders.

Orders.

Petitioner in person.

Mr. C.S.Samudra, Adv. For respondents.

CORAM: B.R.GAVAI & INDIRA K. JAIN, JJ DATE : 10.7.2015 The respondents have filed an affidavit stating therein that they shall unconditionally accept the decision that may be taken by the statutory Central Auditors of the Bank. It is the contention of the petitioner that the issue regarding basic pay cannot be gone into by the Central Auditor and the auditor can only go into the question regarding interest on arrears etc..

We find that the Auditor can also go into the question of basic pay inasmuch as the Auditor would be in a position to compare the Basic Pays of similarly situated employees as of the petitioner and arrive at the conclusion

10072015mca584.2015 2 regarding the basic pay as well as interest etc.. The petitioner has also filed an undertaking stating that he will also abide by the decision of the Central Auditor. The petitioner agrees for referring the dispute to B.K.Ramadhyani and Co., 4B Chitrapur Bhavan, No. 68, 8 th Main. 15 th Cross, Malleshwaram, Bangalore.

The said auditor is directed to decide the question regarding the basic pay, arrears and interest payable to the petitioner after giving hearing to the petitioner and the representative of the respondent Bank within six weeks from today. Needless to state that the parties will be at liberty to place their documents in support of their respective claims. Stand over to six weeks.

For the reasons stated in the application, the application for restoration of the Contempt Petition is allowed. The contempt petition is restored to file.

JUDGE JUDGE patle

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