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Bombay High CourtCP/219/2024disposed off

Mrs Vandana Jayant Damle v. Dr Prabhakar B Kore

2024-04-19Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice S. M. Modak3 pages

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2024.04.29 10:45:01 +0530 Trupti 1 7-cp-219-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 219 OF 2024 IN WRIT PETITION NO. 7111 OF 2017 Mrs.Vandana Jayant Damle & Anr.

...

Petitioners versus Dr.Prabhakar B. Kore & Ors.

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Respondents .....

Mr.Sanjay Kadam for the Petitioners.

Mr.Vineet Naik, Senior Advocate with Mr.Sukand Kulkarni for Respondent Nos. 1 and 2.

Ms.S.S.Bhende, AGP for Respondent Nos. 3 to 5. ......

CORAM : NITIN JAMDAR AND M.M.SATHAYE, JJ.

DATE : 19 APRIL 2024 P.C. :

The contempt petition is filed alleging that the Respondents have committed contempt of the order dated 20 December 2022. 2.

When the petition came up on board on 27 March 2024, the learned Senior Advocate for Respondent Nos. 1 and 2- Management had pointed out that the order dated 20 December 2022 was challenged by Respondent Nos. 1 and 2 in the Hon'ble Supreme Court. Initially, the order dated 20 December 2022 was stayed and thereafter, the Special Leave Petition (SLP) was dismissed on 11 March 2024.

Trupti 2 7-cp-219-2024.doc 3.

The learned Senior Advocate for Respondent Nos. 1 and 2 submits that if the period of three months granted by this Court in the order dated 20 December 2022 is calculated after disposal of the SLP, then Respondent Nos. 1 and 2 would get time till June 2024. The learned Senior Advocate states that further period of three months, that is, till September 2024 be given to Respondent Nos. 1 and 2 to pay arrears to the Petitioners.

4.

Though we are inclined to accept the said request, we do not intend to directly adjourn the contempt petition to September 2024, but the contempt petition be listed on board on 18 June 2024. By that date, we expect that Respondent Nos. 1 and 2 to pay 40% of the arrears and thereafter, the remaining 60% shall be paid by the second week of September 2024 as per commitment of Respondent Nos. 1 and 2.

5.

List the contempt petition on board on 18 June 2024, to be listed under the caption "For Directions".

6.

The learned Counsel for the Petitioners has tendered a chart of calculations of the amount which we take on record. Respondent Nos. 1 and 2 will accordingly pay the Petitioners 40% of the amount stated in the chart which is inclusive of interest. The learned Senior Advocate for Respondent Nos. 1 and 2 states that the figures in the chart need to be verified. This exercise can be done when the aspect

Trupti 3 7-cp-219-2024.doc of remaining amount 60%, which is to be deposited by the second week of September 2024, is to be undertaken.

(M.M.SATHAYE, J.) (NITIN JAMDAR, J.)