Bombay High CourtCP/197/2013dispossed offdismiss for default

Goverdhan Dhaniprasad Usarbarse v. Shri J.V. Dhakate And Another

2015-06-15Hon'Ble Shri Justice Z.A. Haq2 pages

1 cp197.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO.197/2013 IN WRIT PETITION NO.5567/2011 Goverdhan Dhaniprasad Usarbarse ..Versus..

Shri J.V. Dhakate and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 15.6.2015 Heard Shri P.D. Meghe, the learned advocate for the petitioner and Shri S.C. Mehadia, the learned advocate for the respondents. The petitioner/employee complains about the disobedience of the judgment passed by this Court in Writ Petition No.5567/2011 on 7th August, 2012. The learned advocate for the respective parties submit that the petitioner has been reinstated pursuant to the above referred judgment, though after sometime and not immediately after the judgment was delivered. Shri Mehadia, the learned advocate for the petitioner seeks time to verify from the petitioner as to whether the entire amount has been paid or not. The respondent has filed an affidavit on the record stating that the amount is paid. In my view, the judgment has been complied.

2 cp197.13 The learned advocate for the respondents has submitted that the judgment passed in Writ Petition No.5567/2011 was challenged in letters patent appeal and then before the Hon'ble Supreme Court and, therefore, the respondents had not implemented the judgment. In these circumstances, it cannot be said that there is any wilful disobedience of the judgment.

I see no reason to take cognizance of the complaint under the provisions of the Contempt of Courts Act, 1971. The petition is disposed. Notice is discharged. In the circumstances, the parties to bear their own costs.

JUDGE Tambaskar.