1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO.70 OF 2008 WITH WRIT PETITION NO.452 OF 2008 Abdul Latif Mohd.Siddique .. Petitioner Versus State of Maharashtra & Ors. .. Respondents Mr.A.N.Maniar for petitioner Mr.S.Panicker for respondent Nos.4 and 5. CORAM : S.C.DHARMADHIKARI, J. DATE : 18th December 2008 P.C. . The Management has appeared before me pursuant to the notice. Affidavit in reply is filed by respondent No.4 which is adopted by respondent No.5. 2. At para 5 of the affidavit in reply, this is what is stated: 2 "5. I further say that after the order dated 3/4/2008, the Management has deposited their share of the salary, payable for the month of April and May 2008, on 4/11/2008 in the joint account No.30514 at Saraswat Coop.Bank Ltd., Chembur Branch of the Educational Inspector and the Head Master of the school in question. There was some delay in depositing this amount, as the Educational Inspector was not willing to pay their share. In respect of the petitioner the amount payable was Rs.12,374/-, which is the Management’s share. From June 2008, at the rate of 80% salary grant in aid basis, the salary portion to be deposited by the Management towards the petitioner’s salary is Rs.19,731/-. The Management has deposited Rs.19,731/-, in the joint account of the Educational Inspector on 16/12/2008 which is their share for the petitioner’s salary from June 2008 to November 2008. The amount payable by the Management @ 20% for the month of June 2008 is Rs.3,186/- and for July 2008 to November 2008 is Rs.3,309/- per month. The petitioner was not paid on time because the Educational Inspector was not releasing their 80% share from June 2008, on the oral refusal under the pretext that the matter is subjudice. The petitioner’s salary Account No.SBPUB/30548 with the Saraswat Coop.Bank Ltd. I crave leave to refer to and rely upon the papers and documents evidencing the above facts, as and when produced. Hence, most respectfully I submit that I have not committed contempt of the order dated 3/4/2008 as alleged by the petitioner. I respectfully submit 3 that I have got highest regards for the orders passed by this Hon’ble High Court. There is no intentional or wilful disobedience of the order dated 3/4/2008 on my part. I have no intention or I had no intention to disobey, neglect or disregard the order of this Hon’ble High Court. I have great respect and have full regards to the orders of this Hon’ble High Court." 3. Upon instructions, Mr.Panicker states that whatever is the existing salary of the petitioner and share of the management in the same, would be deposited in the joint account as stated in the affidavit, until the petitioner is employed by the Management. Needless to state that if the employment of petitioner continues even during the pendency of the substantive petition, then, during the pendency of the same, the Management will deposit the sum which is presently being deposited. 4. The statements in the affidavit as reproduced above and made by respondent Nos. 4 and 5 through their Counsel are accepted as 4 undertaking to this Court. The management shall continue to deposit the share in the salary of petitioner in accordance with law, as and when the same is due and payable. Needless to state further that any breach or violation of this undertaking and order shall be construed as an act of Contempt of this Court and this Court will proceed to take action in accordance with law in case the violation or breach is found to be deliberate and wilful. 5. Mr.Panicker states that respondent Nos. 4 and 5 have received a copy of the affidavit filed by Education Inspector and the Management so also respondent Nos. 4 and 5 will take due note of the contents of the same. With the above directions, this contempt petition is disposed of. 5 (S.C.Dharmadhikari, J)