Gujarat High Court
Gujarat State Electricity Corporation ... vs Saileshkumar Babubhai Dave & 2 on 12 January, 2018
Author: S.G. Shah
Bench: S.G. Shah
C/CA/8370/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR DIRECTION) NO. 8370 of 2017
In SPECIAL CIVIL APPLICATION NO. 8455 of 2017
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GUJARAT STATE ELECTRICITY CORPORATION LTD. & 1....Applicant(s)
Versus
SAILESHKUMAR BABUBHAI DAVE & 20....Respondent(s)
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Appearance:
MR DIPAK R DAVE, ADVOCATE for the Applicant(s) No. 1 - 2
MR TR MISHRA, ADVOCATE for the Respondent(s) No. 1 - 21
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CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
Date : 12/01/2018
ORAL ORDER
1. Heard learned advocate Mr. Dipak R. Dave for the applicants and learned advocate Mr. T.R. Mishra for the respondents. Perused the record.
2. By order dated 26.4.2017 in main Special Civil Application, this court has granted interim relief in terms of paragraph 7(B) of the petition, whereby, applicants herein being original respondents are restrained from affecting any recovery pursuant to order impugned in the main petition. However, now, original respondents have come forward with this application with a request that they may be permitted to deposit the amount in dispute, which is only Rs.82,940.91 ps. from the total amount payable to the respondents, which is Page 1 of 3 HC-NIC Page 1 of 3 Created On Fri Jan 12 23:37:29 IST 2018 C/CA/8370/2017 ORDER Rs.11,98,048/- before this court and to invest it in FDR so as to earn maximum interest on such amount and with a direction that such deposit shall be subject to outcome of the petition.
3. Though respondents are objecting to pass such order relying upon the judgment in the case of Dolatsingh Sardarsingh Sindha & Ors. Vs. Gujarat State Electricity Corpn. Ltd. decided on 24.2.2015 in Special Civil Applications No.21762 of 2005 to 21766 of 2005, so also judgment of Hon'ble Supreme Court of India in the case of State Of Punjab & Ors vs Rafiq Masih (White Washer) reported in (2014)8 SCC 883, but the fact remains that this court has already restrained the respondents from recovering any amount from the petitioners and by such application, applicants do not want to recover any amount from the petitioners, but simply want to safeguard the amount in dispute by investing the same in FDR before the court so as to avoid inconvenience to either side to recover such amount at the end of decision in main petition. The applicants are relying upon order dated 28.9.2012 in Civil Application No.10894 of 2012 so also order dated 26.2.2014 in Civil Application No.788 of 2014.
4. In view of above fact, when the applicants - respondents have come forward to release the entire retirement benefit in favour of the original petitioners with a request to deposit the disputed amount, which is less than 10% of Page 2 of 3 HC-NIC Page 2 of 3 Created On Fri Jan 12 23:37:29 IST 2018 C/CA/8370/2017 ORDER the total retirement benefit, before this court as deposit, I do not see any reason to refuse such request because, ultimately, such amount would lie before the court and it would be subject to outcome of the main petition. Such arrangement cannot be considered as a deduction of any amount at this stage and therefore, objections of the original petitioners are unwarranted and having no force.
5. In view of above facts and circumstances, the applicants herein being original respondents are now hereby directed to deposit the amount of Rs.82,940.91 ps. before the Registry of this court within three weeks'. As and when such amount is deposited, it should be invested in FDR so as to earn maximum interest on it. Such deposit with accrued interest shall be subject to outcome of this petition. Learned advocate for the applicants has made a statement that rest of the amount of retirement benefit being Rs.11,15,108/- has already been disbursed and paid to the original petitioners.
6. The present Civil Application is allowed and disposed of in above terms.
(S.G. SHAH, J.) binoy Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri Jan 12 23:37:29 IST 2018