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Gujarat High Court
Bank Of Baroda (Erstwhile Dena Bank) vs Chandrikaben Hareshkumar Thakar Wd/O ... on 10 April, 2026
NEUTRAL CITATION
C/SCA/2364/2025 ORDER DATED: 10/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2364 of 2025
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BANK OF BARODA (ERSTWHILE DENA BANK) & ORS.
Versus
CHANDRIKABEN HARESHKUMAR THAKAR WD/O HARESHKUMAR
GHELARAM THAKER
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Appearance:
MR.VARUN K.PATEL(3802) for the Petitioner(s) No. 1,2,3
MR. VINESH K CHHAYA(6271) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 10/04/2026
ORAL ORDER
1. Heard learned advocate Mr. Varun K. Patel for the
petitioners and learned advocate Mr. Vinesh K. Chhaya who
appears on hybrid mode for the respondent.
2. When the matter was taken up for hearing, learned
advocate for the petitioners has brought to the notice of this
Court further affidavit dated 07.10.2025 on behalf of the
petitioners. It is submitted that petitioners have agreed to pay
pension / family pension as per the provisions of Bank of
Baroda (Employees) Pension Regulations, 1995 applicable to
the petitioners' bank to the respondent. Pursuant to the judgment
and decree dated 21.02.2014 passed in Regular Civil Suit
NEUTRAL CITATION
C/SCA/2364/2025 ORDER DATED: 10/04/2026
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No.542 of 2001, the net payable family pension amount from
the period 16.06.1995 to 30.09.2025 with interest @ 9% per
annum comes to Rs.7,08,452/-. It is further submitted that
respondent is entitled to family pension from 07.10.2025 till
31.03.2026 and the arrears of family pension shall be paid to the
respondent upon completion of formalities by the respondent
within a period of 4 weeks from today. It is further submitted
that petitioners bank shall pay monthly family pension to
respondent on regular basis.
3. Pursuant to the order passed by the Co-ordinate Bench of
this Court on 27.02.2025, the petitioners bank has deposited
total sum of Rs.8,93,919/- before the learned Executing Court.
As the respondent is entitled to the amount of Rs.7,08,452/- as
family pension, the excess amount of Rs.1,85,467/- be refunded
to the petitioners and respondent may be permitted to withdraw
an amount of Rs.7,08,452/- which is lying before the learned
Executing Court.
NEUTRAL CITATION
C/SCA/2364/2025 ORDER DATED: 10/04/2026
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4. Per contra, learned advocate for the respondent, who
appears on hybrid mode, upon instructions, submits that
respondent has no objection for refunding the amount of
Rs.1,85,467/- and respondent shall withdraw the amount of
Rs.7,08,452/- It is further submitted that respondent is satisfied
with the contents of the affidavit and shall withdraw the
execution petition after withdrawing an amount of Rs.7,08,452/-
5. Considering the submissions canvassed by learned
advocates for the parties and taking into consideration the
affidavit dated 07.10.2025, it appears that parties have amicably
settled the issue and respondent is satisfied with the calculation
of the family pension to the tune of Rs.7,08,452/- Petitioner-
Bank is hereby permitted to withdraw an amount of
Rs.1,85,467/- out of the total amount of Rs.8,93,919/- which has
been deposited by the petitioners bank before the learned
Executing Court. Learned Executing Court shall permit the
respondent to withdraw the amount of Rs.7,08,452/- and shall
NEUTRAL CITATION
C/SCA/2364/2025 ORDER DATED: 10/04/2026
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also refund the amount of Rs.1,85,467/- to the petitioner-Bank.
It is further directed that arrears of monthly pension from
07.10.2025 till 31.03.2026 shall be paid by petitioner-Bank to
the respondent upon completion of formalities. It is further
directed that petitioner-Bank shall regularly pay family pension
to the respondent as per the Rules.
6. In view of the above observations and directions, the
present petition stands disposed of accordingly. Notice stands
discharged. Interim relief granted earlier stands vacated
forthwith.
(D. M. DESAI,J)
RINKU MALI
