Rajasthan High Court
Man Mohan Sharma S/O Shri Brij Bhan ... vs Managing Committee, Shri ... on 6 January, 2023
Bench: Sudesh Bansal
nHIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 12969/2021
Man Mohan Sharma S/o Shri Brij Bhan Sharma, Aged About 67
Years, Resident Of A-398, Vaishali Nagar, Jaipur (Raj.)
----Petitioner
Versus
1. Managing Committee, Shri Khandelwal Vaishya Central Higher
Secondary School, Station Road Jaipur Through Its Secretary.
2. Director/Commissioner, Secondary Education, Rajasthan,
Bikaner, (Raj.)
3. Managing Committee, Shri Khandelwal Vaishya Hitkarani
Sabha, Station Road Jaipur Through Its Secretary.
----Respondents
For Petitioner(s) : Mr. A.K. Sharma, Sr. Advocate with
Mr.Tej Pratap Singh
For Respondent(s) : Mr. Ankul Gupta with Rahul Gupta
Mr. S.Zakawat Ali
Mr. Vinod Kumar Gupta
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
06/01/2023
1. The instant writ petition has been filed by the petitioner
seeking enhancement of the rate of interest from 6% to 24% as
awarded by the Rajasthan Non Government Educational Institution
Tribunal (hereinafter referred to "the Tribunal") while allowing the
application of petitioner vide judgment dated 18.02.2021.
2. Notices were issued and on behalf of respondents No.1 and 3
Mr. Ankul Gupta has put in appearance and on behalf of
respondent No.2-Director/Commissioner, Secondary Education
Mr.Vinod Kumar Gupta has put in appearance. Service stands
complete.
(2 of 3) [CW-12969/2021]
3. During the course of arguments, learned Senior Counsel
appearing on behalf of petitioner urged that the petitioner has
already retired from service and has attained 71 years.
Respondents are under obligation to comply with the judgment
dated 18.02.2021, however yet no payment has been made as
ordered by the Tribunal. It is not in dispute that the judgment
dated 18.2.2021 passed by the Tribunal has attained finality and
the respondent Managing Committee has not challenged the
same. It is needless to say that respondent are under obligation to
comply with the same accordingly.
4. This Court finds that in case of non-compliance of the
judgment passed by the Tribunal, statutory remedy under Section
27(A) of the Rajasthan Non-Government Educational Institution
Act, 1989 is available to execute the judgment dated 18.2.2021.
5. In view of above, this Court is of considered opinion that
petitioner should avail alternative and statutory remedy to execute
the judgment dated 18.2.2021. However, taking into consideration
the peculiar facts of the present case, where he has already
attained age of 71 years and respondents have put in appearance
in the present writ petition, therefore, it is hereby observed that if
the petitioner files execution petition before the Executing Court,
fresh notices need not to be issued to respondents and
respondents undertake to give appearance in the execution
petition. According to the petitioner, the jurisdiction to file
execution petition lies before the court of Junior Civil Judge Metro
H.Q. II (1) Jaipur Metro II.
6. Therefore, the instant writ petition is disposed of with liberty
to the petitioner to file execution petition to execute the judgment
(3 of 3) [CW-12969/2021]
dated 18.2.2021 passed by the Tribunal before the Civil Court and
in case, the execution petition is filed within a period of four weeks
from today, the Executing Court, after making the report
thereupon shall proceed to execute the judgment dated 18.2.2021
and for ensuring the presence of respondents, next date is fixed
for 20.02.2023. Respondents undertake to give appearance before
the Executing Court on the next date i.e. on 20.02.2023 and in
case, respondents do not give appearance, the Executing Court
may proceed to execute the judgment in absence of respondents
in accordance with law.
7. With the aforesaid, the writ petition stands disposed of.
8. Stay application and any other pending application, if any,
stand disposed of.
(SUDESH BANSAL),J
TN/84
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