Gujarat High Court
Katara Lalitbhai Mohanbhai vs Applewood Ested Pvt. Ltd on 30 June, 2025
NEUTRAL CITATION
C/SCA/7215/2025 JUDGMENT DATED: 30/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7215 of 2025
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 7215 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
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KATARA LALITBHAI MOHANBHAI
Versus
APPLEWOOD ESTED PVT. LTD.
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Appearance:
MS.NIDHI P BAROT(6675) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 30/06/2025
ORAL JUDGMENT
1. Undertaking filed by learned advocate Ms. Barot is order to be taken on record.
2. This petition is filed for following reliefs;
"A. Kindly allow and admit this petition. B. Issue writ of Mandamus & Certiorari or any other appropriate writ, direction or order in the same nature and quash and set aside the order dated 11.03.2024 passed by the Ld. Labour Court, Dahod in Distribution Application No.6/2023 & Fetal W.A. Page 1 of 3 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:38:18 IST 2025 NEUTRAL CITATION C/SCA/7215/2025 JUDGMENT DATED: 30/06/2025 undefined No.21/2022 in the interest of justice. And also Direct (Bank Name), (Branch Name), to allow the withdrawal of Rs.4,00,000/- (Rupees Four Lakhs only) or 30% of the fixed deposit amount from FD Account No. (FD Account Number) in the name of Katara Lalitbhai Mohanbhai. Annex 'A'.
C. Pass such other Order/s as be deemed just and proper in the facts and circumstances of the case."
3. Learned advocate Ms. Barot has placed on record the undertaking filed by the petitioner stating that out of the total compensation amount of Rs.12,11,919/-, if his share would be permitted to withdraw then the same would be used for the education of the daughters. Learned advocate Ms. Barot has further submitted that the age of the daughters are 20 years and 18 years and they are, at present, studying in the 12th standard as well as 11th standard, as per her instructions given by the petitioner. Learned advocate Ms. Barot submits that after the demise of wife, the petitioner is maintaining her by doing the labour work, however, for higher education, amount is required to be withdrawn.
4. Considering the submissions made by learned advocate Ms. Barot and considering the decision rendered by the Hon'ble Apex Page 2 of 3 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:38:18 IST 2025 NEUTRAL CITATION C/SCA/7215/2025 JUDGMENT DATED: 30/06/2025 undefined Court in the case of A. V. Padma and Others V/s. R. Venugopal and Others reported in 2012 ACJ 698. This Court is of the view that if the amount prayed by the present petitioner is permitted to withdraw, the ends of justice would serve, as the same would require to be used for the purpose of higher education of the daughters.
5. Resultantly, this petition is allowed.
6. The order passed by the learned Commissioner under the Workman Compensation Act dated 11.03.2024 is hereby set aside. Petitioner shall be permitted to withdraw the amount of Rs.4,00,000/-, which is the share of the present petitioner. So far as the share of the daughters is concerned. Same shall be remained under the fixed deposit.
ORDER IN CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2025 In view of the order passed in the main matter, the connected civil application does not survive and the same stands disposed of accordingly.
(M. K. THAKKER,J) Vikramsinh Amarsinh Page 3 of 3 Uploaded by Vikramsinh Amarsinh(HCW0055) on Thu Jul 03 2025 Downloaded on : Fri Jul 04 00:38:18 IST 2025