Shalaka Vaibhav Koshti v. Nandkumar Tasgaonkar
Megha 16_ia_7710_2025.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7710 OF 2025 IN CONTEMPT PETITION NO.352 OF 2023 Shalaka Vaibhav Koshti ...Applicant V/s.
Dr. Y. Nandkumar Tasgaonkar, President, Saraswati Education Society's Yadavrao Tasgaonkar Institute of Pharmacy (Diploma) and Anr.
...Respondents
______________ Ms. Shalaka Vaibhav Koshti, Applicant, present in person. Mr. Kishor T. Lawate i/b. Mr. Akshay R. Kapadia for the Respondents.
______________ CORAM: SANDEEP V. MARNE, J.
Dated: 30 April 2025.
P.C.:
1) Interim Application is filed seeking restoration of the Contempt Petition, which was disposed of vide order dated 22 January 2025 or in the alternative seeking a direction for payment of remaining amount of interest @8% per annum from 21 April 2016 to 4 March 2024.
Digitally signed by MEGHA SHREEDHAR PARAB Date:
2025.05.02 14:16:20 +0530 2) The Applicant submits that in paragraph 12(c) of the MEGHA SHREEDHAR PARAB order, this Court has directed payment of interest @8% per 1 of
Megha 16_ia_7710_2025.docx anuum on amount of Rs.39,76,318/- from 21 April 2016 to 4 March 2024. The amount of backwages of Rs.39,76,318/- is towards salary and allowances payable to the Applicant from August 2015 to October 2023. This is a reason why in paragraph 9 of the order dated 22 January 2025, this Court made following observations:- 9.
At the same time, it is observed that the backwages directed by the School Tribunal were to be paid as on 21 April 2016. It appears that an amount of Rs.35,28,170/- came to be deposited by the Respondent-Management in this Court on 4 March 2024. In that view of the matter, Respondent-Management will have to pay interest to the Petitioner on the amount of backwages falling due each month upto 4 March 2024. In my view, considering the facts and circumstances of the present case, interest would be at the rate of 8% per annum.
3) Thus, interest @ 8% per annum is payable on amount of backwages falling due each month upto 4 March 2024. Interest @8% is not to be computed on the entire amount of Rs.39,76,318/- but the same is required to be computed on the amount of backwages falling due on each month upto 4 March 2024. 4) The learned counsel appearing for Respondent - Management submits that interest has already been paid to the Applicant by computing the same on amount of backwages falling due on each month upto 4 March 2024. He has handed over copy of the chart by which computation of the interest amount is made. Subject to the correctness of the calculations made in the said chart, I am of the view that no further directions are necessary in the Interim Application. The Interim Application is accordingly disposed of.
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Megha 16_ia_7710_2025.docx 5) At this stage, the Applicant submits that registry has raised queries for withdrawal of the deposited amount on account of which she has not been able to withdraw the deposited amount. She would suggest that a direction for withdrawal of entire deposited amount with accrued interest would satisfy all queries sought to be raised by the Registry. Registry is directed to permit the Applicant to withdraw the entire deposited amount alongwith accrued interest. [SANDEEP V. MARNE, J.] 3 of