:1: :1: :1: 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.38 OF 2008 CONTEMPT PETITION NO.38 OF 2008 CONTEMPT PETITION NO.38 OF 2008 Shri Rajendra Vasant Zope, .. Petitioner. Vs 1. Mrs Sangeeta J.Shinde and ors. .. Respondents. Mr. Prashant Bhavake i/b N.V.Bandiwadekar, for the petitioner. Mr.Deepak Patil, AGP, for respondent nos 4 & 5. Mr Mahendra Agavekar i/b Mr Vaibhav Patankar, for respondent nos. 2 & 3. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 20TH JANUARY, 2009. DATED : 20TH JANUARY, 2009. DATED : 20TH JANUARY, 2009. P.C.: P.C.: P.C.: 1. Heard learned counsel for the parties. 2. The petitioner has prayed for declaration that respondent nos 2 and 3 have committed contempt of the order of this court dated 11.10.2007 passed in Civil Application No.2125 of 2007 in Writ Petition No.6022 of 2002 and are seeking suitable action against the contemnors. It appears that by order dated 11.10.2007 in Civil Application No.2125 of 2005 this court had observed that respondent nos 2 and 3 must pay the salary of the petitioner since there was no stay granted to the order of the School Tribunal. :2: :2: :2: 3. In this petition, on 27.6.2008 this court issued the following directions: ". The order dated 11.10.2007 clearly requires defendant nos 2 and 3 to pay the petitioner the amounts irrespective of whether or not the grant is given by the Government to the institution. . If the amounts are not paid within 14.7.2008, respondent no.5 shall deduct the same from any of the dues of the institution and pay over the same to the petitioner on or before 31.7.2008". 4. Mr Patil, learned GP, submits that he has received written instructions from respondent no.5 that they have already deducted the amount, as mentioned in the order dated 27.6.2008, from the dues of the institution and they have transferred the said amount in the institution’s account towards the petitioner’s salary. He further submits that it is open to the petitioner to approach the institution and collect the amount deposited by respondent no.5 with the institution. Mr Patil further submits that the institution has already been directed to pay over the said amount to the petitioner. In view of the submissions of Mr Patil, the institution is directed to pay over the amount to the petitioner, deposited by respondent no.5 towards the petitioner’s salary, within a period of ten days from today. It is made clear that if the institution fails to pay over the :3: :3: :3: amount as aforementioned, an appropriate action under the provisions of the Contempt of Courts Act will be taken against them. A copy of the written instructions received by Mr Patil from respondent no.5 is taken on record. With these observations, the contempt petition is disposed of. The learned counsel for the respondent-institution to inform this order to the institution within one week from today. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)