1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.300 OF 2009 IN WRIT PETITION NO.3829 OF 2009 The Chairman, Ghonsari Gram Vikas Mandal (Mumbai) & Anr. .... Appellants Vs. Smt. Kavita Baburao Jadhav & Anr. .... Respondents Shri A.G. Kothari for the Appellants. Shri S.S. Pakale for Respondent No.1. Shri V.P. Malvankar, A-Panel Counsel for the State. CORAM: SWATANTER KUMAR, C.J., AND A.M. KHANWILKAR, J. DATED: DECEMBER 14, 2009 P.C: 1. Learned counsel appearing for the parties, after some arguments, state that this appeal can be disposed of by a consent order, the agreed terms of which are as under: (a) The impugned interim order passed by the learned single Judge shall stand modified as follows: 2 (i) The appellants shall pay 50% of the arrears of salary to respondent No.1 till date within the time as granted by the learned single Judge. (ii) If such payment is made, respondent No.1 will not claim reinstatement and the balance 50% of the wages. (iii) Learned counsel for the parties will argue the matter before the learned single Judge on 18-1-2010, the date on which the case is stated to have been adjourned for hearing. (iv) The parties will make a mention before the learned single Judge for expeditious disposal of the matter, which request may be considered by the learned single Judge in his discretion. (v) The agreed terms are without prejudice to the rights and contentions of each other. (vi) The payment of the balance 50% of the wages as well as the reinstatement shall be subject to the orders which may be passed in the Writ Petition by the learned single Judge. In the event the management succeeds, 3 respondent No.1 shall be liable to restitution of the amount with interest at the rate of 6% per annum from the date of deposit till repayment. 2. The appeal is accordingly disposed of. CHIEF JUSTICE A.M. KHANWILKAR, J.