Uttam Nivrutti Netawate vs The Honble Commissioner, Nashik ...
2021 Latest Caselaw 3246 Bom

                                                                             30 cpst 93702-20=




Sneha                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.                                   CIVIL APPELLATE JURISDICTION
Chavan
                                  CONTEMPT PETITION (ST) NO. 93702 OF 2020
Digitally signed
by Sneha N.
Chavan
Date: 2021.02.18   Uttam Nivrutti Netawate                            .. Petitioner
15:18:19 +0530
                        V/s.

                   The Hon'ble Commissioner, Nashik
                   Municipal Corporation                              ..Respondent
                                                    ----
                   Mr. Aniesh Jadhav for the Petitioner.

                   Ms. Chaitali Deshmukh for the Respondent/ Corporation.
                                                  ----
                                                 CORAM : C.V. BHADANG, J.

                                                 DATE      : 18th FEBRUARY, 2021

                   P.C.

1. Heard the learned counsel for the petitioner. The petitioner

has succeeded in Second Appeal No. 37 of 2020. Paragraph 15 of

the judgment and order dated 26.02.2020 of this court reads thus:

"15. The appellant is therefore entitled for a declaration that the action initiated by the respondent in terminating his services is illegal. On the termination order being set aside, it is declared that the appellant is entitled for the admissible consequential benefit flowing therefrom, including continuity of service.

                          Sneha Chavan                                                   page 1 of 2
                                                    30 cpst 93702-20=

2. The learned counsel for the petitioner points out that the

corporation has not reinstated the petitioner and has not paid the

monetary relief.

3. The learned counsel for the respondent / corporation has two

contentions to raise. First is that the judgment and order dated

26.02.2020 in Second Appeal no. 37 of 2020 of which a breach is

claimed, is an executable decree and therefore, in the submission of

the learned counsel for the respondent, no case of contempt arises.

Secondly, it is submitted that the said Judgment and order is

challenged before the Hon'ble Supreme Court in Special Leave to

Appeal (C) No. 13323 of 2020 in which the Court has issued notice

on 08.02.2021. She, therefore, seeks time.

4. Keeping the rival contentions open, stand over to 18.03.2021.

C.V. BHADANG, J.

     Sneha Chavan                                              page 2 of 2