Rachana Tushar Patil v. State Of Maharashtra

33 CP 400-24-C.DOC Priya Soparkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 400 OF 2024 Rachana Tushar Patil

...Petitioner

Versus

The State of Maharashtra and ors.

...Respondents

Mr. Narendra V. Bandiwadekar with Mr. Vinayak Kumbhar, Mr. Rajendra Khair and Mr. Aniket S. Phapale i/by Ms. Ashwini N. Bandiwadekar, for the Petitioner.

Ms. Kavita N. Solunke, Addl. GP with Mr. A. K. Naik, AGP, for the Respondent No.1/State.

Mr. P. V. Dhopatkar, for the Respondent No.4. Mr. Rajshekhar Govilkar, Senior Advocate with Ms. Shaba N. Khan, for the Respondent No.5.

CORAM:

SUMAN SHYAM & S.M. MODAK, JJ.

DATED:

23rd DECEMBER, 2025.

PC:- 1.

Mr. Govilkar, learned senior counsel appearing for the Respondent No.5 submits that in terms of our order dated 5th December, 2025 a sum of Rs.35,00,000/-(Rupees Thirty Five lakhs) has been deposited with the Registry of this Court on 17th December, 2025. He has tendered an affidavit of compliance by enclosing the copy of the forwarding letter depositing the demand draft. It is also the submission of the learned senior counsel for the Respondent No.5 that the Special Leave Petition is still pending PRIYA RAJESH SOPARKAR PRIYA RAJESH SOPARKAR Date: 2025.12.23 18:11:49 +0530 23rd December, 2025.

33 CP 400-24-C.DOC before the Hon'ble Supreme Court and the matter will take some time.

2.

In view of the above and upon the request made by Mr. Bandiwadekar, learned senior counsel appearing for the Petitioner with a view to grant immediate relief to the Petitioner, we grant leave to apply for withdrawal of the said amount from the Registry, by following the due procedure. The withdrawal of the amount of Rs.35,00,000/- would, however, be subject to the final order that would be passed in the Contempt Petition and also upon furnishing an undertaking that in the event verdict goes against her, the Respondent No.5 will be entitled to seek refund of the amount. 3.

We also make in clear that the deposit of the amount made by the Respondent No.5 shall not come in the way of the State Government in clarifying that the post held by the Petitioner is an aided post and therefore, amount can be paid by the State Government.

4.

Stand over to 24th February, 2026.

(S. M. MODAK, J.) (SUMAN SHYAM, J.) { 23rd December, 2025.