Nagpur District Security Guards Board, Through Secretary v. 85deputy Director, Sub Regional Office, Employees State Insurance Corporation, Nagpur And Another

1 cp180.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CONTEMPT PETITION NO.180 OF 2020 IN WRIT PETITION NO.4382 OF 2019 [P] [Nagpur District Security Guards Board .vs. Mr. Pravin Sahagal and one] --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri S.U. Ambagode, Advocate for the petitioner. ..........

CORAM : A.S. CHANDURKAR AND N.B. SURYAWANSHI, JJ.

DATED : 19.01.2021.

The petitioner makes a grievance that the respondents have willfully disobeyed the order dated 3.2.2020 passed in Writ Petition No.4382/2019 wherein the respondents were directed to refund the amount of Rs.1,32,35,458/- along with interest @ of 25% p.a. Para no.6 of order dated 3.2.2020 reads thus : "We are informed that the bank accounts of the petitioner are frozen to recover the amount of dues of Rs.71,68,694/-.

We are informed by the learned counsel for the respondent that the amount of Rs.1,32,35,458/- had already been recovered and the accounts of the petitioner are de-frozen. If this is the position then if we are satisfied that the attachment of the account was wrongful and consequently the recovery also, the respondents will have to refund the amount with interest @ of 25% p.a.

from the date of recovery of this amount till the payment is made."

2 cp180.20 In the above order there is no direction issued in favour of the petitioner for refund of the amount along with interest. Thus no case is made out by the petitioner to invoke contempt jurisdiction. The contempt petition being misconceived, the same is dismissed.

JUDGE JUDGE Gulande