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Bombay High CourtCP/139/2014dispossed offdismiss for default

Shri Santosh S/O Mahadeo Kalsait v. Chief Executive Officer, Shri Shiwajirao Jondhale, Zill Parishad, Nagpur

2015-03-17Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Sunil B. Shukre2 pages

173cp139.14 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

Contempt Petition No. 139 of 2014 (Santosh s/o Mahadeo Kalsait vs. C.E.O., Shri Shivajirao Jondhale, Z.P. Nagpur) ------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------ Mr. Sanjay Tijare Advocate for the Petitioner. None for the respondent.

...

Coram : B.P. Dharmadhikari & S.B. Shukre, JJ.

Date : 17 th March, 2015.

Heard.

Perused the reply field by respondent. Along with this reply, an extract of bank account of petitioner with Nagpur District Central Cooperative Bank, Branch at Dhapewada, is annexed. This extract shows that on 7.11.1997 by B/C an amount of Rs.1,06,017/- has been credited to the saving bank account of the petitioner. Petitioner claims that he did not use that account after his superannuation. The extract of account, however, shows that there have been withdrawals on 10.11.1997 and 11.11.1197 and a deposit of Rs. 2,590/- on 15.11.1997.

It is apparent the question whether the petitioner received the amount mentioned or not, is a disputed question. Mr.Tijare, learned counsel for the petitioner, has produced before us a letter dated 22.1.2015 issued by the Chief Officer of Nagpur

173cp139.14 District Central Cooperative Bank, Nagpur, to the petitioner. The bank has refused to give information under Right to Information Act. In this situation, we grant petitioner liberty to take steps as are available in law. As we do not find any contempt, petition is disposed of. No costs.

Judge Judge /TA/