Gujarat High Court
Katara Lalitbhai Mohanbhai vs Applewood Ested Pvt. Ltd on 30 June, 2025
NEUTRAL CITATION
C/SCA/7215/2025 JUDGMENT DATED: 30/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 7215 of 2025
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 7215 of 2025
FOR APPROVAL AND SIGNATURE:
HONOURABLE MRS. JUSTICE M. K. THAKKER
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Approved for Reporting Yes No
✔
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KATARA LALITBHAI MOHANBHAI
Versus
APPLEWOOD ESTED PVT. LTD.
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Appearance:
MS.NIDHI P BAROT(6675) for the Petitioner(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 30/06/2025
ORAL JUDGMENT
1. Undertaking filed by learned advocate Ms. Barot is order to
be taken on record.
2. This petition is filed for following reliefs;
"A. Kindly allow and admit this petition.
B. Issue writ of Mandamus & Certiorari or any
other appropriate writ, direction or order in the same
nature and quash and set aside the order dated
11.03.2024 passed by the Ld. Labour Court, Dahod in
Distribution Application No.6/2023 & Fetal W.A.
NEUTRAL CITATION
C/SCA/7215/2025 JUDGMENT DATED: 30/06/2025
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No.21/2022 in the interest of justice. And also Direct
(Bank Name), (Branch Name), to allow the
withdrawal of Rs.4,00,000/- (Rupees Four Lakhs
only) or 30% of the fixed deposit amount from FD
Account No. (FD Account Number) in the name of
Katara Lalitbhai Mohanbhai. Annex 'A'.
C. Pass such other Order/s as be deemed just
and proper in the facts and circumstances of the
case."
3. Learned advocate Ms. Barot has placed on record the
undertaking filed by the petitioner stating that out of the total
compensation amount of Rs.12,11,919/-, if his share would be
permitted to withdraw then the same would be used for the
education of the daughters. Learned advocate Ms. Barot has
further submitted that the age of the daughters are 20 years and
18 years and they are, at present, studying in the 12th standard as
well as 11th standard, as per her instructions given by the
petitioner. Learned advocate Ms. Barot submits that after the
demise of wife, the petitioner is maintaining her by doing the
labour work, however, for higher education, amount is required
to be withdrawn.
4. Considering the submissions made by learned advocate Ms.
Barot and considering the decision rendered by the Hon'ble Apex
NEUTRAL CITATION
C/SCA/7215/2025 JUDGMENT DATED: 30/06/2025
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Court in the case of A. V. Padma and Others V/s. R. Venugopal
and Others reported in 2012 ACJ 698. This Court is of the view
that if the amount prayed by the present petitioner is permitted
to withdraw, the ends of justice would serve, as the same would
require to be used for the purpose of higher education of the
daughters.
5. Resultantly, this petition is allowed.
6. The order passed by the learned Commissioner under the
Workman Compensation Act dated 11.03.2024 is hereby set
aside. Petitioner shall be permitted to withdraw the amount of
Rs.4,00,000/-, which is the share of the present petitioner. So far
as the share of the daughters is concerned. Same shall be
remained under the fixed deposit.
ORDER IN CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2025
In view of the order passed in the main matter, the
connected civil application does not survive and the same stands
disposed of accordingly.
(M. K. THAKKER,J)
Vikramsinh Amarsinh
