The Association Of The ... vs The State Of Maharashtra, Thr. ...
2021 Latest Caselaw 4287 Bom

                                                                   17.IA.614.21.doc

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 614 OF 2021
                                    IN
                     CONTEMPT PETITION NO. 61 OF 2021


   The Association of the Sub-Ordinate Service
   of Engineers Maharashtra State and Ors. ...            Applicants/Petitioners
         Versus
   The State of Maharashtra & Ors.               ...      Respondents
                                       .........


   Ms. Vaidehi P. Deshmukh for the Applicants/Petitioners.
   Ms. P.J. Gavhane, A.G.P. for the Respondent-State.
                                      .........


                                     CORAM       :      K.K. TATED &
                                                        R.I. CHAGLA, JJ.

                                     DATE        :      9th MARCH, 2021.

   P.C. :-



   1           Heard learned Counsel for the parties.


   2           By   this   Interim    Application,    the   Applicants-   Original

Petitioners are seeking permission to place on record certain documents in

support of the Contempt Petition.

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                                                                17.IA.614.21.doc

   3           The learned Counsel for the Applicants submits that as the

Respondents failed and neglected to comply the judgment dated

06.02.2019 passed by this Court in Writ Petition No.2605 of 2017, they

preferred the Contempt Petition. She submits that this Court by order

dated 06.02.2019 directed the Respondents to refund the amount if any,

recovered by them from the applicant's salary pursuant to Circular dated

13.06.2016, within a period of three months. She submits that till today

the Respondents have not complied the said order nor they refunded the

amount. To place further documents on record they preferred the present

Interim application. '

4 Considering the submission made by the learned Counsel for

the Applicants and averments made in application, we are satisfied that

the Applicants have made out a case for allowing Interim Application.

Hence, the following order is passed :

i) Interim Application is allowed in terms of prayer clause

(b) which reads thus :

(b) The Hon'ble Court be pleased to allow the Applicant/Petitioner to amend the contempt petition in terms of Exhibit "1".

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                                                                            17.IA.614.21.doc

                            ii)    Amendment to be carried out on or before 25.03.2021.

iii) If amendment is carried out within time, Applicants are

directed to serve amended copy of Contempt Petition on the

Respondents and file affidavit of service to that effect on or

before 31.03.2021.

iv) Contempt Petition to appear on board on 07.04.2021.

Digitally signed by Waishali Waishali S.

           Waghmare
S.         Date:
Waghmare   2021.03.11
           22:58:00
           +0530
                             ( R.I. CHAGLA, J. )                      ( K.K. TATED, J. )




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