1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. CONTEMPT PETITION No. 121/2010 in W.P. No. 3603/2007 Qkuazi Azar Ali .versus. Rizwan A. Quamar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Cou rt's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.N.Shende, counsel for petitioner Shri A.D.Mohgaonkar, counsel for respondent. CORAM : R.K.DESHPANDE, J. DATE : 31 st AUGUST, 2010 1] As per order dated 4th August, 2010, an amount of Rs.50,000/- (Rupees Fifty Thousand) has been deposited by the respondent in this Court on 27.8.2010. Shri Mohgaonkar, learned counsel appearing for the respondent submit that this amount is deposited without prejudice to the rights and contentions of the parties. 2] This court refused to grant stay to the order of reinstatement passed by the School Tribunal, however, stay was granted to the extent of payment of backwages only. 3] Shri Shende, learned counsel for the 2 petitioner submits that the petitioner has not been reinstated in service in spite of the fact that this Court has refused to grant stay to the reinstatement. 4] Shri Mohgaonkar, learned counsel submits that the proceedings under Section 13 of the M.E.P.S. Act have already been instituted by the petitioner before the School Tribunal and also before the Judicial Magistrate First Class. 5] In view of this, the petitioner will be at liberty to prosecute the remedies which he has already availed. Petitioner is, however, permitted to withdraw an amount of Rs.50,000/- (Rupees Fifty Thousand) deposited by the respondent and it shall be subject to the out come of the proceedings. 6] Shri Shende, learned counsel further submits that he would like to move an application in Writ Petition No. 3603/2007 for vacating the interim order of stay granted by this Court for payment of back-wages in view of the fact that the order of reinstatement has not been complied with. 7] The learned counsel is at liberty to adopt all such remedies as are available in law. 3 8] In view of the aforesaid position, no case is made out for proceeding with the present contempt petition. The same is, therefore, dismissed with liberty as is available to the parties in law. JUDGE Rvjalit