← Library
Bombay High CourtCP/339/2019disposedoff

Pradip S/O Vishnu Kumbhalkar v. Archana D/O Bharatrao Mendhe The Chief Officer, Municipl Council, Tumsar

2021-03-10Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

907CP 339.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO. 339 OF 2019 IN WRIT PETITION NO. 7002 OF 2018 (D) (Pradip s/o Vishnu Kumbhalkar, Bhandara Vs. Archana d/o Bharatrao Mendhe, Bhandara) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri K.S. Motwani, Advocate for the petitioner. Shri A.S. Deshpande, Advocate for the respondent. .....

CORAM : A.S. CHANDURKAR & PUSHPA V. GANEDIWALA, JJ.

MARCH 10, 2021.

Heard.

2.

The grievance of the petitioner in the instant Contempt Petition is the non-compliance of the directions issued by this Court in para 4 of the order dated 30/08/2019 in Writ Petition No.

7002/2018, whereby this Court has directed the respondent to pay the outstanding amount of Rs.7,46,564/- in installments, and if there is a failure on part of the respondent to pay the installments within the stipulated time, such failure shall result in payment of interest to be calculated on the unpaid installments from the date on which there is failure to pay the same @ 12% per annum by a simple mode.

907CP 339.2019 3.

When the matter was listed on 27/01/2021, a statement was made by the learned counsel for the respondent that an amount of Rs.19,560/- towards interest would be deposited within a period of four weeks.

4.

Accordingly, today Shri Deshpande, learned Counsel for the respondent, submits that Rs.40,000/- has been deposited in the account of the petitioner towards arrears of seventh pay commission pension, which includes interest of Rs.19,560/-. 5.

Shri Motwani, learned Counsel for the petitioner, on instructions, submits that the petitioner has received Rs.40,000/- in his account.

6.

In this view of the matter, we are satisfied that the aforesaid order has been duly complied with. Hence, nothing further remains to be adjudicated upon in the instant Contempt Petition. The same is disposed of accordingly.

7.

Even if the petitioner is having any grievance with regard to arrears of seventh pay commission, he is at liberty to agitate the same in an independent proceedings.

(JUDGE) (JUDGE) Sumit