Bala S/O Pundlikrao Satpute v. Shri Omprakash Gudhe, Education Officer (Secondary), Zilla Parishad Nagpur And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Contempt Petition No. 254 of 2014 in W.P.No. 6277 of 2012 Bala s/o Pundlikrao Satpute vs. Shri Omprakash Gudhe, Education Officer (Secondary) Z.P., Civil Lines, Nagpur and others. Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders.

Orders.

CORAM : B.P.DHARMADHIKARI & S.B.SHUKRE, JJ DATE : 23.3.2015 Heard Advocate Shri A. Shelat for the petitioner, Advocate Shri R.S.Parsodkar, for respondents 2 and 4 and Advocate Shri Deshpande, for respondent no.3. 2.

Respondents 2 and 4 have not filed any reply after the court orders dated 16.2.2015.

3.

Shri A. Shelat, learned counsel states that on 17.3.2015 his client has received some amount from the Education Officer, Zilla Parishad, Nagpur. According to him, the amount, as worked out, is not correct. However, in contempt jurisdiction he seeks costs for undue harassment and delay.

4.

Shri Parsodkar, the learned counsel submits that as

23032015cpno.254.2014 2 the petitioner did not cooperate, there has been some delay. Shri Deshpande states that there was some dispute and, therefore, delay has occurred.

5.

We need not go into the reasons for delay in contempt jurisdiction. The petitioner can assail the correctness of the exercise before the competent forum in accordance with law. In that proceedings, he can also seek interest and costs. There, reasons for delay and other aspects can be gone into.

6.

Therefore, keeping the said right of the petitioner in tact and with liberty to the respondents to raise suitable defence as and when occasion arises, we dispose of the present petition. No costs.

JUDGE JUDGE patle

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