Maruti Processors vs Jayprakash Rajubhai Patel
2021 Latest Caselaw 16525 Guj

        C/FA/1012/2019                                 ORDER DATED: 21/10/2021



               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                         R/FIRST APPEAL NO. 1012 of 2019
                                    With
                 CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                      In R/FIRST APPEAL NO. 1012 of 2019
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                             MARUTI PROCESSORS
                                    Versus
                          JAYPRAKASH RAJUBHAI PATEL
=====================================================================
Appearance:
MR YOGI K GADHIA(5913) for the Appellant(s) No. 1
MR PC CHAUDHARI for the Defendant(s) No. 1
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       CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                 Date : 21/10/2021
                                  ORAL ORDER

1. Learned advocate Mr. Yogi K. Gadhia, for the appellant and learned

advocate Mr. P.C. Chaudhari, for the defendant have jointly tendered a

notarized settlement duly signed by both the parties to this appeal. As per the

terms and conditions of the settlement, since this is a Non-fatal case, the total

amount of compensation and dues, etc. payable to the workman comes to

Rs.3,18,773/-. A detailed computation is given in the notarized settlement. The

settlement further indicates that the appellant was already paid an amount of

Rs.50,000/- and a further sum of Rs.2,75,000/- as against his entitlement of

Rs.2,68,773/-, was further paid by the present appellant.

2. Learned advocate Mr. P.C. Chaudhari makes a statement that the

appellant has received an amount of Rs.2,75,000/- over and above an amount of

Rs.50,000/-, which was already paid to the respondent herein. He also indicates

that along with the settlement itself, a receipt has also been produced.

C/FA/1012/2019 ORDER DATED: 21/10/2021

3. In view of the aforesaid settlement, which is taken on record, the present

first appeal would not survive. Needless to say, in view of the fact that the

present respondent has received a total amount of Rs.3,25,000/- (Rs.50,000/- +

Rs.2,75,000/-), the amount deposited by the appellant before the learned

Commissioner at Surat to be refunded to the present appellant within a period

of six weeks after he makes an application, with accrued interest, if any.

4. With the aforesaid observation, the present first appeal stands disposed

of. However, in case of any difficulty, both the parties are at a liberty to revive

the present First Appeal.

5. In view of the above, the judgment dated 02.11.2018 passed in WC(Non

Fatal) Application No. 45/2008 dated 02.11.2018 stands modified to the

aforesaid extent. All other applications pending along with this application also

stand disposed of. Direct service is permitted today.

(NIRZAR S. DESAI,J) Raj S. Dhobi