Bombay High CourtCAN/61/2017rejected at admission stage

Satyanarayan Natha Nagre v. Ravi Bhanudas Munde, Secretary Mauli Shikshan Sanstha, Kingaonraja And Another

2017-09-19Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

19.9CAN.61.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.N. NO. 61/17 IN CONTEMPT PETITION NO. 270/15 IN WRIT PETITION NO. 2438 OF 2014.

(Satyanarayan s/o Natha Nagre .vs. Ravi Bhanudas Munde & others) WITH C.A.N. NO. 62/17 IN CONTEMPT PETITION NO. 340/15 IN WRIT PETITION NO. 2439 OF 2014.

(Dr. Shilpa Deepak Kakde .vs. Ravi Bhanudas Munde & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. F.T. Mirza, Advocate for petitioners, Mr. A.J. Thakkar, Advocate for respondent no. 1. Mr. A.S. Kilor, Advocate for respondent no.2. CORAM : B.P. DHARMADHIKARI & ARUN D. UPADHYE, JJ. DATED : SEPTEMBER 19, 2017.

Respondent No.1 through its Secretary has moved these applications seeking time of six weeks to comply with the Court orders though time has already expired. Admittedly, the order has not been complied with. Hence, the applications are rejected. The said Secretary has filed his separate affidavits in both the Contempt Petitions, i.e. Contempt Petition Nos. 270/15 & 340/15 giving details of house property at Sindkhedraja. Mr. A.J. Thakkar, learned Advocate for respondent no. 1/ Secretary submits that at the end of July, 2017 amount of approximately Rs.9,80,000/- is due and payable to Shri Satyanarayan Nagre and amount of Rs.19,74,000/- is due and payable to Dr. Shilpa Kakde.

Mr. F.T. Mirza, learned Advocate for petitioners, submits

19.9CAN.61.17 that if property disclosed is attached and processed against and sold, the amount can be realized.

In view of this position, we attach the property, i.e. house property bearing No. ZB001502, Ward No. 9, T-point Sindkhedraja within the limits of Municipal Council, Sindkhedraja, district Buldana, plot admeasuring 2178 sq. meters with house admeasuring 1200 sq. ft. constructed on it as described in para no.2 of the affidavit of Shri Ravindra Bhanudas Mundhe.

We grant leave to petitioners to move appropriate application pointing out how the property can be put to auction in transparent manner.

List the matters on 3.10.2017.

Judge Judge J.