Diptiben Jatashankar Joshi vs Manoj Aggarwal
2021 Latest Caselaw 751 Guj

         C/MCA/414/2020                                          ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/MISC. CIVIL APPLICATION NO. 414 of 2020
                                  In
           R/SPECIAL CIVIL APPLICATION NO. 5065 of 2010
                                With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                            NO. 1 of 2020
                                 In
             R/MISC. CIVIL APPLICATION NO. 414 of 2020
================================================================
               DIPTIBEN JATASHANKAR JOSHI & 1 other(s)
                              Versus
                     MANOJ AGGARWAL & 1 other(s)
================================================================
Appearance:
MS SANGITA P PUROHIT(5914) for the Applicant(s) No. 1,2
MS.DILBUR CONTRACTOR(6388) for the Applicant(s) No. 1,2
for the Opponent(s) No. 1,2
===============================================================
 CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
          NATH
          and
          HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
                       Date : 19/01/2021
                        ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

We have heard Ms. Dilbur Contractor, learned counsel for the applicants and Mr. Dharmesh Devnani, learned Assistant Government Pleader for the opposite party.

2. This contempt application has been preferred alleging non­ compliance of the judgment and order dated 15.03.2018 passed by the learned Single Judge in Special Civil Application No. 5065 of 2010. It appears that the State had preferred Letters Patent Appeal No. 432 of 2020 which came to be dismissed by order dated 24.08.2020. In the meantime, in the contempt application, this Court directed to the opposite party to deposit the amount due and payable to the applicants, which has since been deposited. According to the record, the entire amount of Rs.56,45,642/­ has been deposited in the registry on

C/MCA/414/2020 ORDER

22.09.2020. Thereafter, the applicants had moved an application for release of the said amount, whereupon the Court had passed the order on 08.12.2020 permitting the applicants to withdraw 15% of the total amount deposited by the State Government. The said amount was to be disbursed to the applicants by way of RTGS transaction. According to Ms. Contractor, the amount could not be disbursed on account of some discrepancies in the name of the applicants and the bank accounts which they had.

3. Ms. Contractor has further submitted that the State had preferred Special Leave to Appeal bearing No. 13262 of 2020 before the Supreme Court. The same has since been dismissed vide order dated 17.12.2020, a copy whereof is filed as Annexure - C to the Civil Application for withdrawal/disbursement of amount. In view of above, Ms. Contractor submits that an appropriate order may be issued to the Registry to disburse the entire amount lying in deposit to which the applicants are legally entitled to. She further submits that she would provide the necessary details and satisfy the queries raised by the Registry regarding discrepancies in the names.

4. Mr. Dharmesh Devnani, learned Assistant Government Pleader apparently has nothing further to add except that he has instructions that the department may be moving the review application before the Division Bench of this Court for reviewing the order dated 24.08.2020. The said application as and when filed, would be dealt with appropriately by the concerned Division Bench. As of today, the matter stands settled in favour of the applicants right up to the Supreme Court.

5. We thus do not find any reason not to grant disbursement of the amount deposited with the Registry in equal terms to both the applicants by RTGS mode as already directed.

C/MCA/414/2020 ORDER

6. This contempt application may not require any further consideration as entire arrears of pension has since been deposited which now be disbursed to the applicants. However, it goes without saying that the State Government will ensure that the pension in future continues to be paid month to month without default.

(VIKRAM NATH, CJ)

(ASHUTOSH J. SHASTRI, J)

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