Matoshri Ramabai Ambedkar Vidyarthi Vastigrah v. Bharat S/O Dhondiba Hambir And ANR

17.WP.5171.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5171 OF 2024 Matoshri Ramabai Ambedkar Vidyarthi Vastigrah ....Petitioner

Versus

Bharat S/O Dhondiba Hambir & Anr.

....Respondents Mr. Mihir Desai, Sr.Adv. a/w. Mohanish Thorat, Sugandh Deshmukh, Aniket kanawade, Irvin D'souza, Vaibhav Throave, Bhushan Deshmukh & Aryan Deshmukh, for Respondent No.1. Mr. Sugandh Deshmukh for the Petitioner.

Mr. S.D. Chipade, AGP for State.

CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 20, 2026 ORDER :

1.

Learned Advocates for the parties have consensus on the disposal of this Writ Petition in the following terms :- A] The amount of Rs.1,52,078/- claimed by the Respondents in the reply to application dated April 5, 2011 (Pages 91 to 94 of the Petition) would be paid by the Petitioner to the Respondents.

B] Such payment would be without prejudice to the parties being at liberty to agitate the issue of whether Respondent No.1 indeed reported back for duty or whether Respondent No.1 was absent without reporting to work after the reinstatement directed by the Learned Tribunal and accepted by the Petitioner.

Digitally signed by AARTI GAJANAN PALKAR Date:

2026.04.23 13:50:37 +0530 AARTI GAJANAN PALKAR APRIL 20, 2026 Aarti Palkar

17.WP.5171.2024.doc C] The parties agreed that this issue would be dealt with by the Execution Court and the payment as above would be without prejudice to the right to have the aforesaid issues adjudicated in the course of the said proceeding. D] Such payment shall be effected no later than close of business hours on May 8, 2026 including wages, if any, that are payable depending on the decision on who was in fault on the issue above. Considering the sheer age of the matter, it is requested that the Execution Court complete this process preferably within a period of three months. The said period shall commence from the day of the parties presenting themselves to the Execution Court.

E] Both parties agreed to appear before the Execution Court no later than April 30, 2026 to seek instructions on how to proceed further.

2.

Needless to say, nothing contained in this order is an expression of an opinion on merits of the matter or the relative strength of the parties. All issues on merits are expressly kept open to be agitated before the Learned Arbitral Tribunal appointed hereby.

3.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] APRIL 20, 2026 Aarti Palkar