Bombay High CourtCP/14/2015disposed of

Mrs. Paulina Rodrigues, Through Poa Mr.John Rodrigues. v. Rosary Education Society, Through Its Chairperson Mr. Tony Rodrigues And 4 ORS.,

2015-08-25Hon'Ble Shri Justice K. L. Wadane,F. M. Reis3 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CONTEMPT PETITION NO. 14 OF 2015 IN WRIT PETITION NO. 259 OF 2010 MRS. PAULINA RODRIGUES, THROUGH POA MR.JOHN RODRIGUES.

... Petitioner

Versus

ROSARY EDUCATION SOCIETY, THROUGH ITS CHAIRPERSON MR. TONY RODRIGUES AND 4 ORS., ... Respondents Ms. Vidhati Shetye, Advocate for the Petitioner. Ms. Ketaki Pednekar, Advocate for Respondents No.1 & 2. Ms. Sapna Mordekar, Additional Government Advocate for Respondents No.3 & 4.

Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 25th August, 2015 P.C.:

Heard Ms. V. Shetye, learned Counsel appearing for the petitioner and Ms. K. Pednekar, learned Counsel appearing for respondents no.1 & 2.

2. Affidavits in reply filed by respondents no.1 & 2 are taken on record.

3. The above Contempt Petition filed by the petitioner, inter alia, brings to our notice that despite of an order dated 22/09/2010, wherein the respondent no.1, inter alia, had agreed to complete the

CP/14/2015 construction of the school in the allotted land at Cujira, Bambolim on or before the academic year June, 2014, the respondent no.1 has failed to complete such construction.

4. The respondent no.1 has filed an affidavit, inter alia, disclosing that immediately after the order came to be passed the respondents took all steps to comply with the directions in terms of the minutes of order and in fact after completing the infrastructure development facilities to be provided for the construction of the school, a foundation stone for the new complex was laid on 13/08/2013 and the construction work commenced from October, 2014 and is in progress. It is further pointed out in the said affidavit at para 23 that the construction of the new school complex at the land allotted to the respondent no.1 shall be completed on or before October, 2017.

5. The learned Counsel appearing for the respondents, upon instructions of the deponent of the said affidavit, on behalf of respondent no.1 states that the said statement recorded in the affidavit may be treated as an undertaking to this Court.

6. Accepting the said undertaking, we find that the above Contempt Petition can be conveniently disposed of. It is made clear that the respondent no.1 shall complete the new school complex on or before October, 2017, without fail.

CP/14/2015

7. With the above directions, Contempt Petition stands disposed of. K. L. WADANE, J.

F. M. REIS, J.