Bombay High Court

Nitin So Meghraj GaikwadversusFulchand 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 already deposited sums, and allowed the petitioners to withdraw those deposits with interest, leaving the final payable amount open 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 total sums 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 amounts (Rs 23,26,343 and Rs 17,73,884 respectively). The petitioners' counsel contested the calculations, alleging improper deductions for periods when the petitioners were not in service. The Court directed respondent no.1 to deposit the amounts computed by respondent no.4, after offsetting the sums already deposited, within eight weeks, and clarified that the disputed portion would not be released pending further consideration. The petitioners were permitted to withdraw the deposited amounts with accrued interest, while the final payable amount remains unresolved. 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 salary periods not worked can be made from the contempt award.
Whether the deposited amounts can be withdrawn by the petitioners pending final determination of the correct sum.

Subjects

contempt
civil application
calculation of award
deduction of salary
deposit
interest
court order

Judgment

2026:BHC-AUG:46074-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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