Abasaheb Pandurang Palekar vs the State of Maharashtra Thr… — Contempt of Court | Bombay HC (2024)

Abasaheb Pandurang Palekar vs the State of Maharashtra Thr… — Contempt of Court | Bombay HC (2024)

What the court decided

AI extract

Outcome

Proceedings stood over to 3rd January 2025 in the urgent orders category, with Writ Petitions Nos.14887 of 2023 and 14889 of 2024 also to be listed on that date; Writ Petition No.11657 of 2024 was de-tagged by consent to stand over to 15th January 2025; the Court warned of initiation of disobedience action against named officers/trustees if the order dated 19 November 2024 is not complied with by 31 December 2024.

Issue for consideration

Whether the Management (Sinhgad Technical Education Society) has complied with the direction in the order dated 19 November 2024 to pay Rs.9 Crores towards employees' dues, and what consequences should follow for continued disobedience of the Court's directions.

Court's answer

Against the directed Rs.9 Crores, only Rs.72,66,719/- was disbursed to the Petitioners, evidencing non-compliance with the order dated 19 November 2024.

Ratio / Principle

If the order dated 19 November 2024 is not complied with by 31 December 2024 despite several opportunities granted, the Court would be constrained to initiate actions for disobedience of its directions against the President Prof. M.N Navale, the Secretary Dr. Ms. Sunanda Navale, and the Directors/Trustees of the Sinhgad Technical Education Institution.

Key takeaways

The Court observed that it had given the Management a long rope by trusting its statements, and that it is gradually moving towards crystallization of an opinion that the Management is doing too little to abide by the orders of the Court.obiter¶7
On the strength of the Management's statement, on instructions of its President, that the order dated 19 November 2024 would be complied with by 31 December 2024, the Court listed the proceedings on 3 January 2025 in the urgent orders category.ratio¶8

Detailed headnote1 paragraphs

Bombay High Court (Ravindra V. Ghuge & Ashwin D. Bhobe, JJ.), order dated 17 December 2024 in a batch of writ petitions led by Writ Petition No.6765 of 2018, Suman Sachin Jain v. State of Maharashtra: The Petitioners circulated the matters alleging disobedience of the direction in paragraph No.7 of the Court's order dated 19 November 2024 in Interim Application No.14766 of 2024 in Writ Petition No.14687 of 2023 (filed by Sinhgad Technical Education Society), whereby the Management was directed to pay/disburse Rs.9 Crores towards employees' dues in payable proportions by 14 December 2024. The Court recorded that only Rs.72,66,719/- had been disbursed. The Management's Senior Advocate stated, on instructions of the Institution's President, that Rs.2 Crores and some odd amount had accumulated and the order would be complied with by 31 December 2024. The Court observed it had given the Management a long rope and was gradually moving towards crystallization of an opinion that the Management was doing too little to abide by the Court's orders. Listing the proceedings on 3 January 2025 in the urgent orders category, the Court cautioned that upon further failure, it would be constrained to initiate action for disobedience of its directions against the President Prof. M.N Navale, the Secretary Dr. Ms. Sunanda Navale, and the Directors/Trustees of the Sinhgad Technical Education Institution. By consent, Writ Petition No.11657 of 2024 was de-tagged to stand over to 15 January 2025; an additional affidavit (pages 848-875) was tendered; and Writ Petitions Nos.14887 of 2023 and 14889 of 2024 were directed to be listed along with the batch on 3 January 2025.

909-wp-along with other.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.6765 OF 2018

Suman Sachin Jain and Ors. …..Petitioners

NIKITAKAILASDARADE Digitally signed byNIKITA KAILASDARADEDate: 2024.12.1918:04:25 +0530

Vs.

The State of Maharashtra and Ors. ….Respondents

WITH

CIVIL APPLICATION NO.2127 OF 2018

IN

WRIT PETITION NO.6765 OF 2018

WITH

WRIT PETITION (ST.) NO.209 OF 2021

WITH

WRIT PETITION (ST.) 215 OF 2021

WITH

WRIT PETITION NO.11657 OF 2024

WITH

WRIT PETITION (ST.) NO.6104 OF 2022

WITH

WRIT PETITION (ST) NO.6144 OF 2022

WITH

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WRIT PETITION NO.6767 OF 2018

WITH

WRIT PETITION NO12259 OF 2024

WITH

WRIT PETITION NO.12204 OF 2024

WITH

WRIT PETITION NO.12840 OF 2024

WITH

WRIT PETITION NO.6080 OF 2021

WITH

WRIT PETITION NO.6082 OF 2021

WITH

WRIT PETITION NO.6081 OF 2021

WITH

WRIT PETITION NO.4410 OF 2024

WITH

WRIT PETITION NO.14687 OF 2023

WITH

INTERIM APPLICATION NO.14766 OF 2024

IN

WRIT PETITION NO.14687 OF 2023

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Adv. Suresh Pakale a/w Adv. Netra Tembe a/w Adv. Nilesh Desai a/w Adv. Padmaja Malgaonkar for the Petitioner.

Adv. Ajit J. Kenjale a/w Adv. S. M. Gulabani a/w Adv. Suraj Bansode a/w Sai Kadam for the Petitioner in WP/11657/2024.

Senior Advocate Mr. V. P. Sawant, a/w Mr. Nitin Dhumal for the Applicant in interim application.

Adv. Rajendra Anbhule a/w Adv. Nisha Ahire for Respondent No.5 in WP/6765/2018 and for Respondent No.4 in WP/6767/2018.

Ms. Anjali Neel Helekar for Respondent No.3 in WP/4410/202 and WP6104/2022.

Adv. Swetabja Mondal i/b Rui Rodrigues for Respondent No.3 in WP/6767/2018.

Adv. Rahul Kamerkar a/w Aparajita R. Jha for Respondent No.2 in WP/6082/2021 and WP/15687/2021.

Mr.. P. P. Kakade Add. G. P. a/w P.M. J. Deshpande AGP for the State in WP/6765/2018.

Mr. M. M. Pable AGP for the State in WP(st)/209/2021.

Mr. V. M. Mali AGP for the State in SP(st)/215/2021.

Mr. A. R. Deolekar AGP for the State in WP(st.) 61442022 and WP/11657/2024.

Ms. N. M. Mehra AGP for the State in WP(st.) No.6104/2022. Ane WP/6767/2018.

Ms. P. J. Gavhane, AGP for the State in WP/12259/2024.

Mr. A. K. Naik AGP for the State in WP/12204.2024 and

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WP/12840/2024.

Ms. A. A. Purav AGP for the State in WP/6080/2021 and WP/6082/2021.

Mr. S. B. Kalel, AGP for the State in WP/4410/2024.

Mr. V. G. Badgujar AGP for the State in WP/14687/2023 and IA/14766/2024.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 17^th DECEMBER, 2024

P.C. :-

By consent of the parties de-tagged Writ Petition

No.11657 of 2024 and stand over to 15^th January 2025.

These matters are circulated by the Petitioners on

account of the disobedience of the direction of this Court set out in paragraphs No.7A of the order dated 19 November, 2024 passed in Interim Application No.14766 of 2024 in Writ Petition No.14687 of 2023, filed by the Sinhgad Technical Education Society.

The learned Senior Advocate Mr. Pakale reminds us of his earlier contention that this Management will bring in such reasons and cite such circumstances, so as to artificially justify the

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non-payment of the dues of the employees. He also reminds us that he had made a statement on the last date that though this Court has issued directions in the order dated 19^th November, 2024, the institution would disobey them.

In paragraph No.7, we had directed the Management to pay/disburse Rs.9 Crores to the Petitioners in such proportions as the amounts were payable to them, by 14^th December, 2024. As against Rs.9 Crores, Rs.72,66,719/- were disbursed to the Petitioners. He, therefore, submits that his words have come true when he had stated on 19^th November, 2024 that this Management will dodge the payments.

The learned Senior Advocate for the Management submits that as on date an amount of Rs.2 Crores and some odd amount has been accumulated and the said amount would be paid to these Petitioners. He is under instructions from the President of the Institution that the order of this Court dated 19^th November, 2024 would be complied with by 31^st December, 2024.

The learned Senior Advocate, on behalf of the

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Petitioners, insists that the President and Secretary of the Education Institution should submit an undertaking. The learned Senior Advocate representing the institution submits that there is no need to issue an undertaking since a serious effort is being made for collecting the funds in order to comply with the directions of this Court set out in the order dated 19^th November, 2024.

Considering the rival submissions and upon perusing the record, we find that this Court had given a long rope to the Management, by trusting the statements made by the Management for the purpose of resolving the issue. Gradually, we are moving towards crystallization of an opinion that this Management is doing too little to abide by the orders of this Court.

Since the learned Senior Advocate has made a statement on behalf of the Management, on instruction, that the order of this Court would be complied with by 31^st December, 2024 that we are listing this proceedings on 3^rd January, 2025 in the urgent orders category.

Taking into account several opportunities granted, if the

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order dated 19^th November, 2024 is not complied with by 31^st December, 2024 we would be constrained to initiate actions for disobedience of the directions of this Court, against the President Prof. M.N Navale, the Secretary Dr. Ms. Sunanda Navale, and the Directors/ Trustees of the Sinhgad Technical Education Institution.

The Petitioners have tendered an additional affidavit

from page Nos. 848 to 875.

Stand over to 3^rd January, 2025 in the urgent orders

category.

List the Writ Petitions along with Writ Petition No. 14887 of 2023 and Writ Petition No.14889 of 2024 also on 3^rd

January, 2025.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

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