Bombay High CourtCP/15/2015dispossed offdismiss for default

Dinesh S/O Kamalnarayan Jaiswal And Another v. Shri S. B. Jadhav, Executive Engineer, Lower Wardha Canal Division

2016-06-27Hon'Ble Shri Justice P.B. Varale2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO. 15 OF 2015 IN FIRST APPEAL NO. 1000 OF 2012.

(Dinesh Kamalnarayan Jaiswal and another .v. Shri S.B. Jadhav, Executive Engineer) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders.

Shri D.M. Surjuse, Advocate for the petitioner. Shri V.G. Palshikar, Advocate for the respondent. CORAM : PRASANNA B. VARALE, J.

27TH JUNE, 2016.

Heard.

The present petition is filed for direction to initiate an action against the appellant (respondent herein) for disobedience of the order of this Court i.e. not depositing the amount in compliance of the order of this Court.

Perused the orders dated 09th October, 2012 and 25th June, 2013 passed by this Court.

Shri Palshikar, the learned Counsel for the appellant (respondent herein) submits that an application has already been filed by the appellant/Corporation seeking permission to deposit the amount in this Court. He further submits that due to certain procedural and administrative difficulties, the amount could not be deposited within stipulated period and now after persuasion with the super officers and establishing the contact with the Head Office, the amount is released. He further submits that the amount would be deposited in this Court by tomorrow itself. In view of the statement made by the learned Counsel for the appellant and in view of the orders dated 09th October, 2012 and 25th June, 2013, there is no need to entertain the petition and the same is accordingly disposed of.

Needless to state that the claimant was permitted to withdraw the amount on certain conditions by approaching to the reference Court. The respondent/claimant, in view of the amount

2 2706cp15.15 deposited by the learned Counsel for the appellant, may take necessary steps in view of the order passed by this Court on 09th October, 2012.

JUDGE *rrg.