Gujarat High Court
Laxmanbhai Ratabhai Rabari vs Brach Manager - Indian Bank on 12 November, 2025
NEUTRAL CITATION
C/SCA/11232/2007 JUDGMENT DATED: 12/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11232 of 2007
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Sd/-
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Approved for Reporting Yes No
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LAXMANBHAI RATABHAI RABARI & ANR.
Versus
BRACH MANAGER - INDIAN BANK & ANR.
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Appearance:
MR DN PANDYA(545) for the Petitioner(s) No. 1,2
MR JJ YAJNIK(1008) for the Respondent(s) No. 2
MR RAMNANDAN SINGH(1126) for the Respondent(s) No. 2
MS AB CHATURVEDI(5419) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 12/11/2025
ORAL JUDGMENT
1. Heard learned counsel for the petitioners.
2. It is submitted that by order dated 20.06.2007, this Court had directed to release the fixed deposit in favour of the petitioners and accordingly, learned counsel for the petitioners submits that the petitioner has received the amount of fixed deposit along with the interest accrued thereon. Learned counsel for the petitioners submits that in view thereof, the prayers B, C and D have been satisfied. He submits that only the prayers 11(E) and 11(F) survive for adjudication in the present case, which is for grant of damages and exemplary costs.
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3. The factual matrix in the present case is that the petitioner's major son expired in an untoward incident on 21.03.1998 while travelling as a bona fide passenger in 54 UP Ahmedabad-Anand Shuttle. The petitioners herein filed claim Application No.OA9900016 before the Railway Tribunal, Ahmedabad. By judgment and award dated 09.03.1999, the learned Tribunal was pleased to award Rs.4,00,000/- as compensation to the petitioners. Vide said order, the petitioners were paid Rs.1,00,000/- by way of account payee cheque and the remaining amount of Rs.3,00,000/- was directed to be deposited with the Indian Bank in a fixed deposit for 5 years.
4. Learned counsel for the petitioners submits that upon maturity of the said amount, respondent no.1-Bank did not release the fixed deposit amount along with the interest accrued thereon since the said fixed deposit carried an endorsement that no payment was to be made to the petitioners till the final order of the High Court. The learned counsel for the petitioners submits that the petitioners being illiterate were not aware of any High Court proceedings and therefore, could not produce any order of the High Court on record, due to which the petitioners had to suffer untoward hardship and prejudice. The learned counsel submits that they were never intimated of any appeal being filed in the High Court by Page 2 of 9 Uploaded by ABHISHEK(HC01389) on Tue Nov 18 2025 Downloaded on : Tue Nov 18 21:45:03 IST 2025 NEUTRAL CITATION C/SCA/11232/2007 JUDGMENT DATED: 12/11/2025 undefined the Union of India represented by General Manager, Western Railways. He submits that thereafter the petitioners contacted their advocate representing them in the Railway Claims Tribunal. It was revealed that the First Appeal No.2579 of 1999 challenging the order awarding compensation dated 09.03.1999 passed by the Railway Claims Tribunal was filed on 29.04.1999 and the same was dismissed for default on 01.03.2002. He submits that it appears from the record that Misc. Application No.371 of 2002 was filed to restore the said appeal, which came to be allowed on 28.03.2002 and on the very same day, the First Appeal also came to be summarily dismissed by the Hon'ble High Court. He submits that the said order dated 28.03.2002 was never communicated to the petitioners by the High Court Registry or by the respondent no.2- Registrar, Railway Claims Tribunal. He submits that in view thereof at the time of maturity of the said fixed deposit, the petitioners could not get the same credited to their account. He submits that there was no obligation on the part of the petitioners to produce such an order and therefore, the respondent no.1-Bank ought to have credited the amount of the fixed deposit in the bank account of the petitioners upon its maturity.
5. Learned counsel for the petitioners further submits that the petitioners had to get their daughters married and also educate their minor Page 3 of 9 Uploaded by ABHISHEK(HC01389) on Tue Nov 18 2025 Downloaded on : Tue Nov 18 21:45:03 IST 2025 NEUTRAL CITATION C/SCA/11232/2007 JUDGMENT DATED: 12/11/2025 undefined second son and that they were relying upon the receipt of this maturity amount of fixed deposit for the same. He submits that however, since the respondent no.1-Bank did not release the maturity amount in favour of the petitioners, the petitioners herein were constrained to file the present Special Civil Application praying for a direction to forthwith deposit the maturity amount with interest to the petitioners' bank account. He submits that the petitioners have had to suffer untoward hardship and prejudice since they had to create mortgage on their agricultural land for getting their daughters married and their son educated. He submits that the present situation came to be created due to the direction passed by the Additional Registrar, Railway Claims Tribunal, who had specifically directed the respondent-Bank that no payment/realization of the fixed deposit amount shall be made till final judgment of the Hon'ble High Court of Gujarat at Ahmedabad is received or conveyed to the Bank.
6. Learned counsel for the petitioners submits that it was the duty of the Additional Registrar to inform the bank about the order dated 28.03.2002 passed by the High Court in First Appeal No.2579 of 1999. He further submits that upon coming to know of the disposal of the First Appeal, they had given communication dated 17.04.2006 to respondent no.1-Bank stating that the First Appeal No.325 of 1999 preferred by the Page 4 of 9 Uploaded by ABHISHEK(HC01389) on Tue Nov 18 2025 Downloaded on : Tue Nov 18 21:45:03 IST 2025 NEUTRAL CITATION C/SCA/11232/2007 JUDGMENT DATED: 12/11/2025 undefined General Manager, Western Railways, was dismissed on 28.03.2002 and also had annexed a copy of the said order. Still the respondent no.1-Bank refused to release the maturity amount in favour of the petitioners. Learned counsel for the petitioners, therefore, submits that the approach of the respondent-Bank as well as the Registrar, Railway Claims Tribunal has resulted in undue hardships to the petitioners, whereby they are entitled to exemplary damages and costs in the present case.
7. Per contra, learned advocate Mr.Ramnandan Singh appearing on behalf of the respondent no.2-Railway Claims Tribunal submits that vide judgment and award dated 09.03.1999, Rs.4,00,000/- came to be awarded to the petitioners towards compensation and Rs.1,00,000/- was paid to the petitioners and Rs.3,00,000/- were to be deposited in a fixed deposit for 5 years. He submits that the General Manager, Western Railway filed First Appeal No.2579 of 1999 on 29.04.1999. He submits that the amount of Rs.3,00,000/- came to be deposited by the General Manager, Western Railway in the learned Tribunal, which came to be disbursed in terms of the order dated 09.03.1999 and accordingly, fixed deposit amounting to Rs.3,00,000/- came to be made for a term of 5 years in the name of the petitioners on 28.07.1999. He submits that the respondent no.2 had complied with the order dated 09.03.1999 since the First Appeal was filed Page 5 of 9 Uploaded by ABHISHEK(HC01389) on Tue Nov 18 2025 Downloaded on : Tue Nov 18 21:45:03 IST 2025 NEUTRAL CITATION C/SCA/11232/2007 JUDGMENT DATED: 12/11/2025 undefined by the General Manager, Western Railway prior to the creation of the fixed deposit in favour of the petitioners and endorsement was made on the fixed deposit that the same shall be payable after production of the High Court order. He submits that respondent no.2 had not further role in the case.
8. Respondent no.1-Bank has filed its reply, wherein it is stated that the endorsement "no payment/realization of fixed deposit amount will be made till the final judgment of the Hon'ble High Court of Gujarat at Ahmedabad." was in accordance with the communication dated 14.07.1999 received by the respondent no.2. It is stated that necessary noting was accordingly endorsed on the fixed deposit receipts in favour of the petitioners. It is further stated that upon expiration of 5 years period on 28.07.2004 as no further directions were received from respondent no2 nor any order was produced, the said fixed deposit came to be renewed from time to time at the prevailing applicable rate of interest. It is, therefore, submitted that the respondent no.1 had no alternative other than to renew fixed deposit receipts from time to time till its payment to the petitioners.
9. Heard learned counsel for the parties. Perused the documents on record and considered the submissions.
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10. In the present case, it is not in dispute that the fixed deposit amounting to Rs.3,00,000/- came to be made in favour of the petitioners with the respondent no.1 in terms of the judgment and award dated 09.03.1999 passed by the Railway Claims Tribunal, Ahmedabad. It is also not in dispute that the said fixed deposit was created for a period of 5 years. That upon maturity, the said fixed deposit was not paid to the petitioners in view of the endorsement made on the fixed deposit being "no payment/realization of fixed deposit amount will be made till the final judgment of the Hon'ble High Court of Gujarat at Ahmedabad." The averments and the documents on record reveal that the First Appeal No.2579 of 1999 came to be filed on 24.09.1999 by the General Manager, Western Railway challenging the judgment and award dated 09.03.1999. The said First Appeal came to be dismissed for default on 01.03.2002 that thereafter, Misc. Civil Application No.371 of 2002 came to be filed for restoring said First Appeal, which came to be allowed on 28.03.2002 restoring the First Appeal. Further, the said First Appeal was heard and decided simultaneously on the same day. The High Court was pleased to dismiss the said First Appeal summarily. Learned counsel for the petitioners has submitted that no notice was issued to the petitioners or the same was received by them and therefore, the petitioners were Page 7 of 9 Uploaded by ABHISHEK(HC01389) on Tue Nov 18 2025 Downloaded on : Tue Nov 18 21:45:03 IST 2025 NEUTRAL CITATION C/SCA/11232/2007 JUDGMENT DATED: 12/11/2025 undefined unaware of such proceedings in the High Court. It is averred and also submitted that the petitioners were relying upon the said amount of fixed deposit for the purpose of conducting marriage of their daughters and towards education of their minor second son. Since the respondent-Bank has not released the fixed deposit in favour of the petitioners, they had to mortgage their land in question to perform such duties. It is also averred that since respondent no.2 had issued direction not to release the fixed deposit in favour of the petitioners till final order of the High Court, it was the duty of the respondent no.2 to intimate to respondent no.1-Bank for release of the fixed deposit in favour of the petitioners, which was not done in the present case. The petitioners claim to have suffer hardship due to the said lapse. Though such averments are made in the petition, nothing is placed on record to substantiate the same. The details and particulars of such mortgage and marriages are not placed on record.
11. The fixed deposit matured on 28.07.2004, however, since there was no High Court order in respect of the First Appeal No.2579 of 1999 preferred by the General Manager, Western Railway, the respondent no.1-Bank has renewed the fixed deposit in favour of the petitioners for a further period of one year. That by communication dated 17.04.2006, the petitioners have communicated to the respondent no.1 providing the Page 8 of 9 Uploaded by ABHISHEK(HC01389) on Tue Nov 18 2025 Downloaded on : Tue Nov 18 21:45:03 IST 2025 NEUTRAL CITATION C/SCA/11232/2007 JUDGMENT DATED: 12/11/2025 undefined copy, however a perusal of the said communication shows that the First Appeal number and the date of order are different and do not pertain to the first appeal preferred by the Union of India, General Manager, Western Railways. Be that as it may, the fact remains that the fixed deposits came to be released in favour of the petitioners vide order dated 20.06.2007 passed by this Court in the present proceedings. The said fixed deposit came to be released along with interest accrued thereon, which is not denied by the petitioners.
12. In the present case, since the fixed deposits have been released in favour of the petitioners along with the accrued interest thereon and further as there is no substantiation to the prejudice and the damages suffered by the petitioners, this Court is of the considered opinion that the damages as prayed for cannot be granted in absence of any cogent material on record. Accordingly, the prayer clause 11(E) and 11(F) for grant of appropriate damages and award of costs is declined. The present petition stands disposed of. No order as to costs.
Sd/-
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