The High Court disposed of a Notice of Motion regarding the execution of arrears of pay and interest. The court directed the petitioner to disburse the dues and held that the writ judgment is executable as a decree through execution proceedings.
Petitioner directed to disburse Rs.80,570/- with interest; Notice of Motion disposed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.167 OF 2008
IN
NOTICE OF MOTION NO.303 OF 2002
IN
WRIT PETITION NO. 785 OF 1989
K.S. Srinivasan..Petitioner
V/s.
N.Raghunathan Development Commissioner
(SSI) and Chairman of the Govering
Council I.D.E.M.I. and Anr.
..Respondents
M. Janardhanan for the Petitioner
None for the Respondents
CORAM : SHRI J.N.PATEL &
SHRI K.K.TATED, JJ.
DATE : 1ST AUGUST, 2008.
P.C.:
. It will be appropriate on the part of the Petitioner
who has taken out this Notice of Motion for direction
against the Respondent to disburse the amount of
Rs.80,570/-, the benefit of arrears of pay payable to
the Petitioner for the period from 1st July, 1986 till
30th November, 1989, together with interest @ 18% per
annum immediately to get the order executed.
: 2 :
2.The Judgment and order in Writ Petition No.785
of 1989 is executable as a decree, and therefore, he can
file an execution proceeding in this Court on the
Original Side.
3.The Notice of Motion stands disposed off
accordingly.
2 issues framed by the court
Whether the petitioner can be directed to disburse arrears of pay and interest payable to him pursuant to the executable writ judgment.
Whether a judgment and order in a writ petition constitutes an executable decree warranting execution proceedings.
K.S. Srinivasan
N.Raghunathan
Development Commissioner (SSI)
J.N. PATEL
K.K. TATED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court