Ramkishore Ramdhinsinh vs The District Collector
2021 Latest Caselaw 32 Guj

       C/SCA/13899/2020                                        ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 13899 of 2020

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                          RAMKISHORE RAMDHINSINH
                                    Versus
                           THE DISTRICT COLLECTOR
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Appearance:
MR DG SHUKLA(1998) for the Petitioner(s) No. 1
MR HARSHEEL D SHUKLA(6158) for the Petitioner(s) No. 1
KISHAN Y DAVE(8293) for the Respondent(s) No. 2
MR RASESH H PARIKH(3862) for the Respondent(s) No. 2
MR.HEMANG H PARIKH(2628) for the Respondent(s) No. 2
MS ASMITABEN PATEL, ASST.GOVT.PLEADER for the Respondent(s) No.1
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 CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                               Date : 04/01/2021

                                ORAL ORDER

1. The petitioner has made following prayers:

"11 (A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing the District Collector, Ahmedabad - Respondent No.1 herein to execute the Recovery Certificate No.598/2017 dated 06.01.2017 for Rs.5,31,675/- issued by learned Labour Court, Ahmedabad in favour of the Petitioner herein, forthwith and make the payment to the Petitioner with 12% interest per annum as the delay has been caused by the Respondents intentionally;

11 (B) Your Lordships may be further pleased to issue appropriate writ, order or direction directing the Respondent Company to pay 12% interest per annum to the Petitioner herein from the date of Order dated 16.05.2015 passed by the learned Labour Court, Ahmedabad in Recovery 33C(2) Application No.146 of 2013 as the Respondent Company has intentionally not made the payment to the Petitioner herein."

2. Heard Mr. D. G. Shukla, learned advocate for the petitioner, Ms.Asmitaben Patel, learned Assistant Government Pleader for respondent no.1 - District Collector, Ahmedabad and Mr.Hemang H.

C/SCA/13899/2020 ORDER

Parikh, learned advocate for respondent no.2.

3. Learned advocate Mr. Hemang H. Parikh for respondent no.2 states that the amount specified in the certificate i.e. Rs. 5,31,675/- is deposited by cheque with respondent no.1. Learned advocate also submitted that he is intending to challenge the impugned judgment and award. Considering the scope of this petition, no further orders are necessary except to direct the payment of the amount under recovery certificate to the petitioner within a week. Accordingly directed. However it is rightly contended by learned advocate Mr. Hemang H. Parikh that the interest is not the component of recovery certificate and therefore prayer in this regard cannot be granted.

4. It is further clarified that it will be open for the respondent no.2 to challenge the judgment and award in question if permissible under the law.

5. With the aforesaid directions and observations, the present petition is disposed of.

(NIRZAR S. DESAI,J) ila