Contempt petition challenging Municipal Council's failure to comply with writ orders. Dismissed as devoid of merit due to facts being assumptions based on parallel proceedings and settlement records showing amounts paid.
Contempt petitions dismissed; civil application disposed of accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
923-CP-319-18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CONTEMPT PETITION NO. 319 OF 2018
IN
WP/1675/17 WITH CA/6678/19 IN CP/319/18 IN WP/1675/17
Shaikh Afsar Shaikh Imam
..PETITIONER
VERSUS
Manisha Patankar-Mhaiskar and Others
..RESPONDENTS
WITH
CONTEMPT PETITION NO. 321 OF 2018 IN
WRIT PETITION NO. 1675 OF 2017
Dharampal Shankar Ambegave ..PETITIONER
VERSUS
Manisha Patankar-Mhaiskar and Others
..RESPONDENTS
WITH
CONTEMPT PETITION NO. 326 OF 2018 IN
WRIT PETITION NO. 1675 OF 2017
Vishwanath Vithalrao Gaikwad ..PETITIONER
VERSUS
Manisha Patankar-Mhaiskar and Others
..RESPONDENTS
Mr. M.S. Choudhary, Advocate for petitioners Mr. P.V. Barde, Advocate for respondent no.4
CORAM : P.B. VARALE AND R.G. AVACHAT, JJ. DATED : 14th JUNE, 2019
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923-CP-319-18.odt
PER COURT :
Heard Mr. Choudhary, learned Counsel for petitioners.
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923-CP-319-18.odt
this amount sought to be recovered to the tune of Rs.4,64,55,484/- only. It is also submitted by Mr. Barde that the union had filed Writ Petition No. 6758 of 2016 for the same relief viz. recovery of the amount. Then Mr. Barde submitted that these petitioners are raising their claim in two parallel proceedings i.e. present contempt petition and the claim being represented through the union in the separate writ petition i.e. Writ Petition No. 6758 of 2016. Mr. Barde placed before us a chart so as to submit that the amount as alleged by these petitioners due and payable is already paid to these petitioners and same amount over and above the due entitlement is paid to these petitioners.
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923-CP-319-18.odt
of 2017. On perusal of the record it reveals that no reply is filed in Writ Petition No. 1675 of 2017 on behalf of Municipal Council, Udgir. As such, we are unable to accept the submission of Mr. Choudhary that the contentions raised by municipal council were the very contentions raised in affidavit-inreply in Writ Petition No. 1675 of 2017 and the Division Bench while passing order in Writ Petition No. 1675 of 2017 turned down the contentions. Thus, it is clear that the statement of Mr. Choudhary before us is not in consonance with the record.
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923-CP-319-18.odt
petitioners in contempt petitions and this chart is for example chart annexed to Contempt Petition No. 319 of 2018, the total amount shown by petitioner due and payable is Rs.5,45,038/- and this very amount is shown in the chart submitted in Writ Petition No. 6758 of 2016 against entry no.183 of Shaikh Afsar Shaikh Imam. Now the contempt petitioners, in the body of the petition, refers to certain other amounts as due and payable against municipal council. On a specific query to Mr. Choudhary as to the source of this quantification and also as to whether this is an admissible amount by municipal council, Mr. Choudhary submitted before us that these calculations are by higher services of private accountants and there is no other support to these quantifications.
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SSD
6 / 6
3 issues framed by the court
Whether the contempt petitions filed for non-compliance with previous orders have any merit in light of parallel proceedings and settlement records.
Whether the amounts claimed by petitioners are admissible and already paid through other proceedings.
Whether record in the writ petition supports the claimant counsel that contents were raised before the Division Bench.
2 provisions across 2 enactments
Shaikh Afsar Shaikh Imam
Dharampal Shankar Ambegave
Vishwanath Vithalrao Gaikwad
Manisha Patankar-Mhaiskar
Municipal Council Udgir
P.B. Varale
R.G. Avachat
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
