IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.443 OF 2007 Shri Chandrakant Shantaram Rahate ..Petitioner. Vs. Smt.Sunita Atmaram Waradkar & Ors. ..Respondents. Mr.Ambar Joshi for the Petitioner. Mr.Yogendra Pendre for Respondent No.1. Mr.Simil Purohit with Mr.Ramesh Gajria and Ms.Deepa Hate i/b.M/s.Gajria & Co. for Respondent No.2. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 1ST APRIL, 2008 DATED : 1ST APRIL, 2008 DATED : 1ST APRIL, 2008 P.C. : P.C. : P.C. : There appears to be a genuine misapprehension in the minds of the parties regarding the purport of the order dated 30th October, 2007. Respondent No.2 was of the view that Respondent No.1 was to pay the amount. Respondent No.1 on the other hand was of the view that the amounts are to be paid from out of the accounts of the partnership between Respondent Nos.1 and 2. 2. The disputes between Respondent Nos.1 and 2 inter-se as partners are another matter altogether with which the workers are not concerned. Respondent No.1 contends that she retired from the partnership firm with effect from 12.1.2007 and is therefore not liable for the dues of the workers. This again is a dispute between Respondent Nos.1 and 2 inter-se in respect of the partnership. 3. In view of the said order and, in particular, paragraph 2 thereof, the dues of the workers are to be paid atleast by the partnership firm at this stage. Needless to add, the payment would be subject to the settlement/adjudication of the disputes between Respondent Nos.1 and 2 in relation to the partnership. 4. Subject to the aforesaid, Respondent Nos.1 and 2 shall sign the necessary cheques drawn on the Syndicate Bank, Naupada Branch, for the amounts mentioned in the order dated 30th October, 2007 to ensure compliance with the said order. 5. In the event of their failing to do so, the Syndicate Bank shall, subject to any claim that the bank itself may have, pay over a sum of Rs.6,66,120/- to the "Member, Industrial Court, Thane" within two weeks of the receipt of a copy of this order. 6. The Petitioner’s Advocate is at liberty to serve a copy of this order on Syndicate Bank, Naupada Branch. 7. Respondent Nos.1 and 2 have stated in Court that they will be referring all their disputes in respect of the partnership firm to arbitration and, for that purpose, they will be taking appropriate steps. 8. With the aforesaid clarification and order, the Contempt Petition is disposed of.