Bombay High Court
Atul So Vasantrao WarangulreversusFulchand So Govindrao Mali and others
- Disposal
- DISPOSED OFF
Holding
The Court ordered Respondent No.1 to deposit the amounts calculated by Respondent No.4, after deducting the sums already deposited, and permitted the petitioners to withdraw those deposited amounts with interest, leaving the final payable amount for further consideration.
Summary
The High Court heard contempt petitions and related civil applications concerning the payment of amounts ordered under a contempt decree. Respondent No.4 calculated the amounts due to petitioners Atul V. Warangule (Rs 63,08,103) and Nitin B. Gaikwad (Rs 61,67,729). Respondent No.1 had already deposited partial sums (Rs 23,26,343 and Rs 17,73,884 respectively) but disputed the calculations, claiming deductions for periods when the petitioners were not in service. The Court directed Respondent No.1 to deposit the amounts calculated by Respondent No.4, after adjusting for the sums already deposited, within eight weeks, and clarified that the disputed portion would not be released pending further consideration. The petitioners were allowed to withdraw the amounts already deposited along with accrued interest, while the final payable amount remains open. The civil applications were consequently disposed.
Issues considered
- Whether the amounts calculated by Respondent No.4 as payable under the contempt order are correct.
- Whether deductions for periods of non‑service by the petitioners should be allowed.
- Whether the amounts already deposited by Respondent No.1 can be withdrawn by the petitioners pending final determination.
Subjects
- contempt of court
- civil application
- calculation of award
- deduction of salary
- interest on deposited amounts
- court order compliance
Judgment
2026:BHC-AUG:46073-DB
10886.2026CA+
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
923 CIVIL APPLICATION NO. 10886 OF 2026
IN CP/421/2025
ATUL SO VASANTRAO WARANGULRE
VERSUS
FULCHAND SO GOVINDRAO MALI AND OTHERS
WITH
CONTEMPT PETITION NO. 421 OF 2025
IN WP/11188/2024
ATUL SO VASANTRAO WARANGULE
VERSUS
FULCHAND SO GOVINDRAO MALI AND OTHERS
WITH
CONTEMPT PETITION NO. 422 OF 2025
NITIN SO MEGHRAJ GAIKWAD
VERSUS
FULCHAND SO GOVINDRAO MALI AND OTHERS
WITH
CIVIL APPLICATION NO. 10889 OF 2026
IN CP/422/2025
NITIN SO MEGHRAJ GAIKWAD
VERSUS
FULCHAND SO GOVINDRAO MALI AND OTHERS
...
Mr. Subodh Shah h/f Mr.Madake D.A., Advocate for
applicants.
AGP for Respondent/State : Mr. Rajdeep D. Raut
Mr. N.B. Khandare, Sr. Advocate i/b Mr. D.J. Choudhari,
Advocate for respondent no.1.
...
CORAM : SANDIPKUMAR C. MORE &
VAISHALI PATIL-JADHAV,JJ.
DATE : 30.09.2026
P.C. :
1. Heard for some time.
10886.2026CA+
2
2. Under the order dated 24th July, 2026, we had
directed respondent no.4 to determine the exact amount
payable to the petitioners in terms of the order under
contempt. Accordingly, respondent no.4 has calculated the
amount payable to both these petitioners and submitted the
chart on record.
3. As per the said chart, petitioner – Atul Vasantrao
Warangule is entitled for getting the total amount of
Rs.63,08,103/-, whereas petitioner - Nitin Beghraj Gaikwad
is entitled for getting the total amount of Rs.61,67,729/-.
4. Under the same order, we had asked respondent
no.1 to deposit the amount of Rs.23,26,343/- for petitioner –
Warangule and the amount of Rs.17,73,884/- for petitioner –
Gaikwad. Admittedly, these amounts are deposited with this
Court.
5. Learned Senior counsel Mr. Khandare disputed
the amount calculated by respondent no.4 and submitted
that the calculations are made by respondent no.1 –
Management by deducting the amount of salary of the
petitioners for the period they did not work on their posts.
6. Under such circumstances, we deem it
appropriate to direct respondent no.1 to deposit the amounts
calculated by respondent no.4 with this Court, after
deducting the amounts which are already deposited, within
eight weeks.
7. It is made clear that the disputed amount will not
be allowed to be disbursed to the petitioners and it would
subject to further consideration.
10886.2026CA+
3
8. At present, we allow the petitioners to withdraw
whatever amounts deposited by respondent no.1 along with
accrued interest thereon till date. The issue as to what is the
proper amount payable to the petitioners is kept open.
9. Civil Application nos.10886 of 2026 and 10889 of
2026 are accordingly disposed of.
10. List the Contempt Petitions on 09.12.2026.
[VAISHALI PATIL-JADHAV] [SANDIPKUMAR C.MORE]
JUDGE JUDGE
sga
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