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Bombay High CourtWP/12840/2024disposed off

Amol Rama Khande v. The State Of Maharashtra Thr The Secretary And ORS

2025-05-07Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Gautam A. Ankhad8 pages

by ARUNA SANDEEP TALWALKAR Date:

2025.05.07 19:31:55 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6765 OF 2018 CIVIL APPLICATION NO. 2127 OF 2018 Suman Sachin Jain & Ors.

WRIT PETITION (ST.) NO. 209 OF 2021 Pankaj Subhash Desle & Ors.

WRIT PETITION (ST.) NO. 215 OF 2021 Rahul Chandrakant Salunkhe & Ors.

WRIT PETITION NO. 1034 OF 2022 Vijayasingh Mohanrao Chavan & Ors.

WRIT PETITION NO. 3358 OF 2025 Yadurao Ananda Kakade Alias Survase.

WRIT PETITION NO. 7428 OF 2024 Pankaj Birajlal Miniyar.

WRIT PETITION (ST.) NO. 6104 OF 2022 Prashant Bhavarlal Chordiya & Ors.

WRIT PETITION (ST.) NO. 6144 OF 2023 Abhijeet V. Jadhav & Ors.

WRIT PETITION NO. 6767 OF 2018 Gajanan Vishavambharrao Patil & Ors.

WRIT PETITION NO. 12259 OF 2024 Rahul Eknath Borate.

WRIT PETITION NO. 12204 OF 2024 Rahul Sukhadeo Navale.

WRIT PETITION NO. 12840 OF 2024 Amol Rama Khande.

WRIT PETITION NO. 14887 OF 2023 Suchitra Shailesh Sasane & Ors.

WRIT PETITION NO. 14889 OF 2023 Mahesh Shashikant Deshpande & Ors.

WRIT PETITION NO. 6080 OF 2021 Aarti Amod Agarkar & Ors.

WRIT PETITION NO. 6082 OF 2021 Roopa Dudhankar & Ors.

WRIT PETITION NO. 6081 OF 2021 Sandesh Shantaram Gaonkar & Ors.

WRIT PETITION NO. 4410 OF 2024 Mayura Vishal Shelke & Ors.

WRIT PETITION NO. 14687 OF 2023 Meenakshi Dhar & Ors.

INTERIM APPLICATION NO. 14766 OF 2024 IN WRIT PETITION NO. 14687 OF 2023 Sinhgad Technical Education Society.

... Applicant.

Meenakshi Dhar & Ors.

WRIT PETITION NO. 10693 OF 2022 Suraj Haridas Bobade & Ors.

WRIT PETITION NO. 14687 OF 2023 Meenakshi Dhar & Ors.

WRIT PETITION NO. 19391 OF 2024

Manjiri Dileep Joshi.

WRIT PETITION NO. 19392 OF 2024 Soojey Ramchandra Deshpande.

**** Mr. Suresh Pakale, Sr. Advocate with Mr. Nilesh Desai, i/b. Shri Shankar M. Katkar, for the Petitioners in WP/6765/2018, WPST/209/2021, WPST/215/2021, WPST/6104/2022, WP/4410/2024, WP/14687/2023, WPST/6144/2022, WP/6767/2018, WP/14887/2023, WP/6080/2021, WP/6080/2021 Mr. V.P. Sawant, Sr. Advocate a/w. Mr. Nitin Dhumal, for Respondent No. 6 to 14 in WP/6765/2018 & for Petitioner in WP/14889/2023. Mr. Rajendra Anbhule with Ms. Nisha Ahire and Ms. Pooja Pall for Respondent Nos. 4 in WP/6765/2018 & for Respondent No. 5 in WP/6767/2018.

Mr. Jitendra Sheth, Mr. Rui Rodrigues for Respondent No. 3 UGC in WP/6767/2018 & WP/14889/2023.

Mr. Rahul Kamerkar with Aparajita R. Jha for Respondent No. 2-CBSE in WP/14887/2023, WP/6082/2021 & WP/14687/2023. Mr. N.V. Bandiwadekar, Sr. Advocate i/b. Ms. Smita Mane, for Petitioners in WP/10391/2024 &WP/19392/2024.

Mr. Pranav Bhoite, for Petitioner in WP/12259/2024, WP/12204/2024 & WP/12840/2024.

Mr. Vaibhav Ugale, for Petitioner in WP/1034/2022, WP/10693/2022 & WP/3358/2025.

Mr. Prathamesh Deshpande, i/b. Mr. Vaibhav Kulkarni, for Petitioner in WP/7428/2024.

Mr. V.M. Mali, AGP, for Respondent/State in WP/6767/2018, CAW/2127/2018.

Ms. P.M.J. Deshpande, AGP, for Respondent/State in WPST/209/2025. Ms. P.B. Chavan, AGP, for Respondent/State in WP/1034/2022. Mr. S.P. Kamble, AGP, for Respondent/State in WPST/215/2021.

Mr. D.S. Deshmukh, AGP, for Respondent/State in WP/3358/2025. Mr. S.B. Kalel, AGP, for Respondent/State in WP/7428/2024. Mr. Abhijeet Naik, AGP, for Respondent/State in WPST/6104/2022. Mr. V.G. Badgujar, AGP, for Respondent/State in WPST/6144/2022. Ms. P.N. Diwan, AGP, for Respondent/State in WP/6767/2018. Mr. P.P. Kakade, Addl. G.P. a/w. Ms. R.A. Salunke, AGP, for Respondent/State in WP/12259/2024.

Mr. A. Bhadang, AGP, for Respondent/State in WP/12204/2024. Ms. Nisha Mehra, AGP, for Respondent/State in WP/12840/2024. Mr. S.H. Kankal, AGP, for Respondent/State in WP/14887/2023. Mr. K. Thorat, 'B' Panel Advocate for Respondent/State in WP/14889/2023.

Mrs. Anjali N. Helekar, for Respondent No. 3-AICTE in WPST/6104/2022, 6144/2022, WP/12559/2024, 12204/2024, 12840/2024, 14889/2023, 4410/2024, 10693/2022, 19391/2024, 19392/2024 and for Respondent No. 4-AICTE in WP/7428/2024. --- CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

7TH MAY, 2025 P.C. :

1.

The learned Senior Advocate Shri Sawant has been instructed to convey to the Court that the Founder President Shri M.N. Navale and the Founder Secretary Dr. Mrs. Navale have informed the TJSB Sahakari Bank Limited, Deccan Gymkhana Branch, Pune that an amount of Rs. 1,46,60,871/- and Rs. 35,78,781/-, be debited from the account of the Education Society bearing A/c. No. 017140300000026. These amounts are to be disbursed to the Petitioners towards their

outstanding dues.

2.

Both these compilations (comprising of 6 plus 5 pages) are collectively marked as 'X-3' for identification. Though there is no date on both these communications, the learned Senior Advocate Shri Sawant is instructed to say that this letter has been issued today to the Bank. 3.

The learned Senior Advocate Shri Pakale submits that going by the conduct of this Management which is seen from various orders passed by this Court over the last around one year, this Management tenders such documents on the date of hearing only to create a picture that the amounts are being paid. For ready reference, he points out from the earlier order dated 28.4.2025 that a statement was made by tendering an affidavit of the same date indicating that an amount of Rs. 1,44,06,660/- was being disbursed towards partial payment to the Petitioners (around 182 of the Petitioners). Only Rs. 90 Lakhs were disbursed. The total dues payable to the employees is around Rs. 12.25 Crores. He, therefore, submits that he would not straightaway believe that the amounts are being disbursed to the Petitioners. He prays that the matter be posted on 9th May, 2025 in the supplementary board in order to collect instructions from the Petitioners.

4.

The learned Senior Advocate Shri Bandiwadekar and learned Advocate Mr. Ugale, submit that the Petitioners in Writ Petition Nos. 19391/2024, 19392/2024, 3358/2025, 1034/2022 & 10693/2022, are left high and dry. They are also entitled to their service and retirement dues. Nothing is paid to them despite service of notice on the Education Society long ago. We therefore, record that this aspect would also be considered on the next date.

5.

Shri Sawant, also tenders a photostat copy of a communication dated 5.5.2025, issued by the Income Tax Department addressed to the ICICI Bank Ltd. Erandwane, Pune, which indicates that the attachment order with regard to all the bank accounts of the Sinhagad Technical Education Society(PAN-AABTS9900Q) is revoked with immediate effect. The said copy is marked as 'X-4' for identification. 5.

List these Petitions on 9th May, 2025 in the urgent supplementary board, for further consideration and directions. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)