Revansidha Soma Laman Rathod Since Dec. Thr. Rep. Thr. Legal Heir Mr. Dnyaneshwar Revansidha Rathod v. Mr. Atul Kapole
41 Cp-414-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 414 OF 2024 Revansidha Soma Laman Rathod Since deceased Thr. LRs..
...Petitioner.
Versus
Atul Kapole and Others.
...Respondents.
------ Dr. Ramdas Sabban for the Petitioner.
Mr. Mayur Sonawane, AGP for the Respondent-State. Dr. Uday Warunjikar, Mr. Omkar Mane for Mr. Amol Singh - Deputy Collector. ------ Coram : Sharmila U. Deshmukh, J.
Date : February 24, 2025.
P. C. :
1.
Dr. Warunjikar, learned Counsel appearing for the Respondent - Contemnor would submit that after the communication dated 10th January 2025 was addressed to learned AGP that the amount is being deposited, subsequently the challan was issued, and the amount came to be deposited on 23rd January 2025. He submits that due to miscommunication between the Respondent and learned AGP, the submission was made that the amount has been deposited however the communication states that the amount is being deposited. He submits that the Respondent had not given incorrect instructions to learned AGP and use of the words in the communication has created a dispute. He submits that the original records would show that in fact Patil-SR 1 of
41 Cp-414-2024.doc on 15th January 2025, the cheque was deposited and it was cleared on 23rd January 2025. In view thereof, he submits that the contempt notice be discharged and order of 15th January 2025 dismissing the Contempt Petition be restored.
2.
Dr. Sabban, learned Counsel appearing for the Petitioner would seek additional direction of payment of solatium and would seek accommodation to address the Court on this issue. 3.
List the Petition on 28th February 2025.
4.
Personal appearance of the Mr. Amol Singh Bhosale, Deputy Collector is dispensed with.
[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 25/02/2025 19:17:27