Diwaliben Waghabhai Gohel vs Deputy Executive Engineer
2023 Latest Caselaw 2225 Guj

     C/MCA/679/2019                                 ORDER DATED: 13/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 679 of 2019
                   In R/FIRST APPEAL NO. 3707 of 2006
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                      DIWALIBEN WAGHABHAI GOHEL
                                 Versus
                      DEPUTY EXECUTIVE ENGINEER
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Appearance:
MR. VISHAL P THAKKER(7079) for the Applicant(s) No. 1,2,3,4
MR PINAKIN B RAVAL(3468) for the Opponent(s) No. 2
MS NAYNABEN K GADHVI(2907) for the Opponent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                            Date : 13/03/2023

                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr.Vishal Thakker for the applicants and learned advocate Ms.Naynaben Gadhvi for respondent No.1.

2. Direction of learned Single Judge required to be complied with was in judgment and order dated 03 rd July, 2018 passed in First Appeal No.3707 of 2006.

3. What was directed pursuant to vacation of interim relief was that the appellants shall pay amount of compensation to the claimants within 60 days from the date of receipt of the order. It was stated that total amount of Rs.02,74,214/- has been paid to the appellants which includes Rs.78,088/- towards main award under the Workmen

C/MCA/679/2019 ORDER DATED: 13/03/2023

Compensation Act, Rs.39,044/- towards penalty plus interest calculated from June, 1993 to September, 2018 to the extent of Rs.01,57,082/-.

3.1 Since the aforesaid payment is made pursuant to the judgment and award passed by the Workmen Compensation Commissioner, there has been substantial compliance.

4. The doctrine of substantial compliance will apply. The proceedings of contempt would not to be required to be continued. Accordingly, it is closed.

5. However, it is observed that if any calculation interest genuinely persists, it will be open for the applicants to approach the concerned court to short out inter se. Liberty is reserved for the applicants in case of difficulty.

Notice is discharged.

(N.V.ANJARIA, J)

(NIRAL R. MEHTA,J) ANUP