Sat Chikitsa Prasarak Mandal Thr. ... vs Saroj W/O Pundlikrao Datir
2021 Latest Caselaw 9302 Bom

31 SA st. 7108.21.                                                                                             1/3


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                NAGPUR BENCH, NAGPUR

                              SECOND APPEAL STAMP NO. 7108/2021

                      Sat Chikitsa Prasarak Mandal thr. Secretary and authorized
                               signatory Mr. Prakash Bhaskar Nandurkar
                                                  V/s
                                       Saroj w/o Pundlikrao Datir

*******************************************************************************************************************
Office notes, Office Memoranda of
Coram, appearances, Court's orders                               Court's or Judge's Orders
or directions and Registrar's orders.
*******************************************************************************************************************
                 Shri Rajnish Vyas, Advocate for appellant.


                 CORAM : S.M. MODAK, J.

DATE : 15th JULY, 2021.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2. Heard learned advocate Shri Rajnish Vyas for the judgment debtor/present appellant. The First Appellate Court confirmed the decree directing the present appellant to pay back wages of Rs 4,69,738/-.

3. The First Appellate Court pronounced the judgment on 11.02.2021. The copy of the judgment and decree is collected by the appellant on 30.03.2021. The office objections says that there is a delay of 08 days. Whereas the appellant relied upon the order dated 08.03.2021 passed by the Hon'ble Supreme Court. Pursis bearing stamp No. 01/2021 is filed to that effect.

31 SA st. 7108.21. 2/3

4. The period upto 14.03.2021 was directed to be excluded while computing the period of limitation. Whereas in this case, the appellant received certified copy of the judgment on 30.03.2021 i.e. after 14.03.2021. The appellant will not get the benefit of the order passed by the Hon'ble Supreme Court. On this background, the appellant through his learned Advocate has expressed desire to file delay condonation application. The appellant is granted two weeks' time to file the same. During the said period, the appellant to remove other office objections also. Pursis is disposed of.

Civil Application No. 7109/2021

Heard.

2. This Court while deciding Writ Petition No. 3454/2007 on 28.09.2007 exempted the present appellant from paying back wages. It was a conditional order. This will come into force, only when the present respondent will be reinstated within the period of eight weeks from 28.09.2007. Though the respondent was reinstated, it was not in time. The present appellant could not succeed before the Executing Court and also before the First Appellate Court. An amount of Rs. 4,69,738/- is deposited before the First Appellate Court and the decree holder was allowed to withdraw 50% of that amount. Still, 50% amount is remaining with the First Appellate Court. The appellant apprehends that, in view of disposal of the First Appeal [and direction to pay the amount to the decree holder], the First Appellate Court may pay the remaining amount to the decree

31 SA st. 7108.21. 3/3

holder. The purpose of filing the Second Appeal will be frustrated, if it will happen. Hence, the direction:-

DIRECTION 1] The direction to pay the deposited amount to the decree holder passed by the First Appellate Court on 11.02.2021 in RCA No. 02/2018 is stayed for the period of four weeks.

2] The appellant is already granted two weeks time to delay condonation application.

3] The appellant is at liberty to pray for further stay, after he will file delay condonation application.

JUDGE

rkn