Disposed

Mudrikabi Dashrath Mane and Others v. the State of Maharashtra and Others

Bombay HC25 Jun 2019CP/190/2018

Case brief

AI extract

What is this about?

The High Court disposed of a contempt petition after respondent No. 4 deposited cheques in court. The court directed the registry to transfer the deposited amount to the executing Civil Court at Udgir and permitted the executing court to adjudicate any claims of excess payment on its merits.

What did the court decide?

The contempt petition was disposed of and the High Court directed the registry to transfer the deposited cheque amounts to the Executing Court at Civil Judge, Udgir.

Mudrikabi Dashrath Mane and Others Vs the State of… — Execution and Attachment | Bombay HC (2019)

¶1

921.CP.190.18.odt

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

921 CONT. PETITION NO.190 OF 2018

¶4

IN WP/11209/2017

¶5

MUDRIKABI DASHRATH MANE AND OTHERS

¶6

VERSUS

¶7

THE STATE OF MAHARASHTRA AND OTHERS

¶8

Advocate for Petitioners : Mr. Vijay G. Sakolkar And Mr. H.B.Nandagavale

¶9

AGP for Respondent: Mr. P. G. Borade Advocate for Respondent No. 4 : Mr. Shyam C. Arora

¶10

CORAM : PRASANNA B. VARALE AND R. G. AVACHAT, JJ.

¶11

DATE : 25^th June, 2019

¶12

ORAL ORDER :

¶13

. This Court on 26.03.2018 issued simple notice to

¶14

respondent No. 4, making the same returnable on 04.06.2018. perused the orders of this Court, dated 05.10.2018, 29.10.2018 and 01.11.2018. As per the order of this Court dated 01.11.2018, a cheque of an amount to the tune of Rs.23,00,000/- is deposited

¶15

in this Court. Subsequently, a cheque of Rs.50,41,106/-, is also despited in this Court on 18.06.2019.

¶16

Learned counsel Mr. Sakolkar appearing for the

¶17

1/3

¶18

921.CP.190.18.odt

¶19

petitioners submits that the amount so deposited by way of cheques be transferred to the Executing Court at Civil Judge, Senior Division, Udgir, District Latur and the petitioners be permitted to approach the Executing Court for release of the amount.

¶20

The learned counsel appearing for respondent No. 4 - the Executive Engineer, Nimna Terna Kalva Vibhag No.2, Udyog Bhavan, Latur, through Ilias M Chisti (the acquiring body in the land acquisition proceedings) submits that the respondent No. 4 be permitted to raise the issue before the Executing Court of an excess payment to the petitioners as the issue of excess payment is not before us in the present Contempt Petition. It may not be necessary for us to deal with that issue in detail, suffice to say that if respondent No. 4 was party to the original proceedings there is no prohibition for respondent No. 4 to approach the Executing Court submitting its stand. Needless to state that if there are rival contentions in so far as the quantification of amount raised before the Executing Court, the Executing Court would decide the issue

¶21

on its own merits by giving an opportunity of hearing to the necessary parties. In so far as the contempt petition is concerned,

¶22

2/3

¶23

921.CP.190.18.odt

¶24

the order of this Court is now duly complied and the purpose of approach in this Court is duly served. We dispose the petition with direction to the Registry to transfer the amount which is deposited in this Court to the Executing Court i.e. the Civil Judge Senior Division, Udgir, District Latur expeditiously.

¶25

Contempt petition is accordingly disposed of.

¶26

(R. G. AVACHAT, J.) (PRASANNA B. VARALE, J.)

¶27

habeeb

¶28

3/3

Mudrikabi Dashrath Mane and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Mudrikabi Dashrath Mane and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dr Shivaji Shringrao Bhise and Others Vs the State of Maharashtra and Others

Samir Sayabu Tadvi Vs the State of Maharashtra Ashok Vitthalrao Jadhav and Others

Govind Sopan Girme and Others Vs the State of Maharashtra and Others

Shriniwas Nampeli Andhelwar Vs Arun Dongre the District Collector Nanded

Gangabhishan Kashinath Thaware Vs the State of Maharashtra and Others

Maibu Mahebu Gulzar Tadvi L.Rs. Bismilla S/O Maibu Alias Maibu Tadvi and Others Vs the State of Maharashtra and Others