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Bombay High CourtCP/332/2016dispossed offdismiss for default

Arvind Kisanrao Sangawar v. Dr. Ajay Kurwade Chief Officer Municipal Council Pusad Yavatmal And Others

2017-02-07Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Mrs. Justice Swapna Joshi2 pages

07.02.cp.332.16

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CONTEMPT PETITION NO.332/2016 IN WRIT PETITION NO.1457/1994 (d) (Arvind Kisanrao Sangawar vs. Dr.Ajay Kurwade Chief Officer and others ) ...........................

............................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr. R.S. Parsodkar, Adv. for petitioner Mr. Pushkar Ghare, Adv .for respondent no.1 Mrs. Bharati Dangre, G.P. for respondents 3 and 4 CORAM : B.P. DHARMADHIKARI & MRS.SWAPNA JOSHI,JJ.

D ATED : 7th February, 2017.

Cheques worth Rs. 6,22,816/-in the name of petitioner are ready with counsel for respondent no.1. Submission is, the petitioner did not accept the cheques.

2.

Adv. Parsodkar appearing for petitioner submits that as per estimate of petitioner, total amount due and payable in August 2016, was roughly Rs. 14,19,922/-. Thus, a meagre amount is being offered.

3.

A dispute about correctness of amount offered can be looked into independently. We permit the petitioner/his counsel to accept the cheques and encash it, without prejudice to the contentions in the petition.

4.

We direct petitioner as also the Chief Officer, Shri Kurwade/respondent no.1, to find out correct position about

07.02.cp.332.16 entitlement of petitioner, within four weeks from today. Balance amount, if any, shall be paid to petitioner within next three months. Acceptance of that amount shall not preclude petitioner from challenging correctness of the amount received. 5.

With these directions, we dispose of Contempt Petition. No costs.

JUDGE JUDGE sahare