Bombay High Court

SUNIL PANDURANG KUSHIREversusINDUBAI RAMESH THORAT

Disposal: DISPOSED OFF
Bench: ABHAY MANTRI

Holding

Since the respondent fully complied with the court's order by depositing the amount with interest, the contempt petition was held to be purged and both the contempt petition and the pending civil application were disposed.

Summary

The petitioners, employees, filed a contempt petition and a civil application seeking payment of dues with interest. The respondent deposited the full amount with interest as ordered by the court, and the petitioners expressed satisfaction and asked for disposal of the petition. The respondent argued that an excess amount had been paid and requested that the surplus be retained by the registry for adjustment in another pending case. The court examined the submissions and found that the respondent had complied with the court's order. Consequently, the contempt petition was declared purged and disposed of, and the pending civil application was also ordered to stand disposed. The registrar was directed to transfer the specified amount to each petitioner’s bank account and retain the surplus with the registry.

Issues considered

Whether the contempt petition is deemed purged upon the respondent's payment of the ordered amount with interest
Whether the pending civil application should be disposed of in view of the respondent's compliance

Subjects

contempt of court
civil application
compliance
payment of dues
interest
court order
disposal

Judgment

2026:BHC-AUG:31248


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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD


                              CONT. PETITION NO. 114 OF 2026
                                            IN
                                        RA/68/2020
                                           IN
                                       WP/2861/2019
                                          WITH
                            CIVIL APPLICATION NO. 7206 OF 2026


                           INDUBAI RAMESH THORAT AND OTHERS
                                        VERSUS
                               SUNIL PANDURANG KUSHIRE

                                                  ...
                         Advocate for Petitioner : Mr. Vindo Sukhdeo Patil.
                        Advocate for Respondent : Mr. Vijay Rambhau Autade.
                                                 …

                                                  CORAM : ABHAY J. MANTRI, J.

                                                  DATE      : 27th JULY, 2026

              PER COURT :

              1.           Learned Advocate for the Petitioners submitted that as per

              the order dated 14.07.2026, the Respondent deposited the entire amount

              along with interest in this Court. Therefore, the Petitioners are satisfied

              with the claim, and they do not want to proceed with the matter. Hence,

              he urged for the disposal of the Petition as the Contempt Petition is

              purged.
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2.              In response, the learned Advocate for the Respondent

submitted    that    as   per   the   calculation   of   the   interest,   each

petitioner/employee would get an amount of Rs. 91,719.25/-, for 37

employees/Petitioners, that amount comes to the tune of Rs.

33,93,612.25/- up to 10.07.2026. He further submitted that the

Respondent has deposited an excess amount over the entitlement of the

Petitioners. He, therefore, urged that the balance remaining amount of Rs.

18,16,316.75/- be kept with the Registry, so that said amount can be

adjusted towards the payment of the employees / Petitioners in Civil

Application no. 13079/2025 in Writ Petition no. 2813/2025.

3.              The learned Advocate for the Applicants has not disputed the

aforesaid facts.

4.              Having considered the rival submissions of the learned

Advocates for the respective parties and having gone through the record,

it appears that the Respondent has complied with the order passed by this

Court, and therefore, the Contempt Petition as well as Civil Application

are liable to be disposed of.

5.              Consequently, the Contempt Petition no. 114/2025 is disposed

of as purged.

6.              In view of the disposal of the Contempt Petition, Civil

Application pending, if any, shall stand disposed of.
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7.           The Registrar (Judicial) is directed to transmit the amount of

Rs. 91,719.25/-, in the Bank account of the respective Petitioners within a

period of six weeks from the receipt of their Bank account details and the

remaining balance amount be kept with the Registry.




                                              ( ABHAY J. MANTRI, J. )



SPC

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