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Bombay High CourtCAW/2255/2018disposed off

Shri. Ravaji Bapu Khot v. Executive Engineer Warna Road And Bldg. Div. And ANR.

2018-12-11Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

osk 9­wp­5320­2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5320 OF 2015 WITH CIVIL APPLICATION NO. 2255 OF 2018 Executive Engineer, Warna Road and Bldg. Div. and Anr.

...

Petitioners V/s.

Ravaji Bapu Khot ...

Respondent • Mr.Vijay D. Patil for the Petitioner.

• Mr.Kuldeep U. Nikam for the Respondent.

CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 11th DECEMBER, 2018.

P.C. :

1] Learned counsel for both the parties have submit that the matter is resolved amicably and accordingly, the "Minutes of the Order" is filed. The Minutes of the Order is taken on record and marked as Annexure "A" for identification. So also the letter accompanied with the "Minutes of the Order" is taken on record and marked as Annexure "B" for identification.

2] In view of the settlement by mutual consent between the parties, the impugned judgment and order of the Labour Court dated 31/05/2014 in IDA No.12 of 2011 is modified as under: 1/2

osk 9­wp­5320­2015.odt "a.

The Respondent is entitled to an amount of Rs.6,21,000/- and he is at liberty to move an appropriate application before the Ld.

C.J.S.D., Islampur for withdrawing the said amount from the amount already deposited by the Petitioners. The interest component Awarded by the Ld. Lower Court to the Respondent is set aside.

b.

The Petitioners herein are entitled to the remaining amount which they had deposited before the Ld. C.J.S.D. Islampur after deducting the aforesaid amount of Rs.

6,21,000/-. The Petitioners are at liberty to move an appropriate application before the Ld. C.J.S.D. Islampur for withdrawal of the same along with accrued interest."

3] With the aforesaid modification in the impugned order passed by the the Labour Court, Sangli, this Writ Petition stands disposed of accordingly.

4] In view of the disposal of the Writ Petition, nothing survives in the Civil Application, hence stands disposed of. 5] All the parties to act on the basis of the authenticated copy of this order.

[DR.SHALINI PHANSALKAR-JOSHI, J.] 2/2