Manohar Ramrao Yawle v. Dr. Panjabrao Deshmukh Urban Co-Op Bank Ltd., Thru. M.D.

WP3182-07 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3182/2007 (MANOHAR RAMRAO YAWLE VERSUS DR.PANJABRAO DESHMUKH URBAN CO-OP. BANK LIMITED, AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for the petitioner.

None for the respondent.

CORAM : SMT. VASANTI A NAIK AND V.M. DESHPANDE, JJ.

DATE : JANUARY 09 , 2017.

It appears that all the monetary benefits are paid to the petitioner during the pendency of the petition. The only point canvassed before this Court on 19.09.2008 on behalf of the petitioner appears to be a claim for interest on the amount, that was retained by the respondent for long.

On a reading of the writ petition and in the circumstances of the case, we are not inclined to direct the respondent to pay interest on the delayed payment of the monetary benefits to the petitioner. Normally we would have granted the same, if there was a gross negligence in the payment of the dues. However, we find that the petitioner stood retired on attaining the age of superannuation in the month of February2007 and before December-2007, all the dues were cleared. In respect of the dues as arrears of salary, no interest is payable.

WP3182-07 In view of the aforesaid, we dispose of the writ petition with no order as to costs. Rule stands discharged. JUDGE JUDGE APTE