Rajasthan High Court - Jodhpur
Iase, Sardarshahar & Anr vs Vivek Pal Singh Bika & Anr on 3 November, 2017
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13933 / 2017
1. The Institute of Advanced Studies in Education (IASE) Deemed
University of Gandhi Vidhya Mandir, Sardarshahar, District- Churu.
2. The Registrar, IASE Deemed University, Gandhi Vidhya Mandir,
Sardarshahar, District- Churu.
----Petitioners
Versus
1. Shri Vivek Pal Singh Bika S/o Shri Vikarm Singh, Resident of
Near Roadways Bus Stand, Behind Hotel Rajdeep, Sardar Shahar,
District- Churu.
2. Executing Court & Civil Judge, Sardar Shahar, Churu.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. D.D. Chitlangi
_____________________________________________________
JUSTICE DINESH MEHTA
Judgment
03/11/2017
By way of the present writ petition, petitioners have laid
challenge to the order dated 18.09.2017 passed by the Executing
Court requiring the petitioners to deposit a sum of Rs.7,57,263/-
pursuant to the award dated 27.01.2015 passed by the Non-
Governmental Educational Institute Tribunal, Jaipur.
Mr. Chitlangi, learned counsel for the petitioners assailing the
order dated 18.09.2017 submitted that if the entire amount as
claimed in the execution proceedings is paid and if ultimately the
writ petition preferred by the petitioners being S.B. Civil Writ
Petition No.2459/2015 is allowed, it will be very difficult to recover
the amount from the respondent-employee.
(2 of 2)
[CW-13933/2017]
In considered opinion of this Court, since the interim order
passed in petitioners' writ petition aforesaid has been vacated by
this Court, vide its order dated 22.05.2015, as a necessary
corollary the petitioner - university is required to pay all
consequential benefits, which of course shall remain subject to the
ultimate decision of the writ petition.
There is no error or infirmity in the order dated 18.09.2017
passed by the Executing Court.
The petitioners are however allowed a period of one month
for depositing the requisite amount before the Executing Court.
The Executing Court shall remit the amount to the respondent-
employee, only after taking solvent security.
With these observation the writ petition is disposed of.
(DINESH MEHTA), J.
Anurag/75