Allowed

The Vasco Urban Co-Operative Credit Society Ltd., v. Gomantak Mazdoor Sangh Rep. by Its General Secretary Shri. Puti Gaonkar and 12 Ors.

Bombay HC14 Oct 2013MCA/247/2013

Case brief

AI extract

What is this about?

This bench disposed of three misc. civil applications filed by credit societies. It modified a prior judgment order to clarify that undisbursed amounts must be adjudicated regarding the societies' entitlement before disbursement, restricting specific directions to workers appearing in the petitioner-Societies' lists.

What did the court decide?

The judgment and order dated 22/09/2009 in W.P. No.278 of 2007 is modified to direct that undisbursed amounts be held pending adjudication of the petitioner Societies' entitlement.

The Vasco Urban Co-Operative Credit Society Ltd., Vs Gomantak Mazdoor Sangh Rep. by Its General Secretary Shri. Puti Gaonkar and 12 Ors. — Bombay HC (2013) — LawSathi Research

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IN THE HIGH COURT OF BOMBAY AT GOA

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MISC. CIVIL APPLICATIONS NO.247/2013, 271/13 & 438/13 IN WRIT PETITION NO.278/2012

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MISC. CIVIL APPLICATION NO.247/2013 IN WRIT PETITION NO.278 OF 2012

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THE VASCO URBAN CO-OPERATIVE CREDIT SOCIETY LTD.,

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….APPLICANT

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V/S

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GOMANTAK MAZDOOR SANGH, REP. BY ITS GENERAL SECRETARY SHRI PUTI GAONKAR AND 12 ORS. …. RESPONDENTS

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Shri S.D. Lotlikar, Senior Advocate with Ms. P. Hegde, Advocate for the Applicant.

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Shri Shivraj Gaonkar, Advocate for Respondent No.1.

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Shri P.P. Singh, Advocate for Respondent No.3. Ms. N. Kholkar, Additional Government Advocate for Respondent No.6. Ms. D. Shirgam, Advocate for Respondent No.7.

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Shri D.B. Ambekar, Advocate for Respondent No.13.

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WITH

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MISC. CIVIL APPLICATION NO.438/2013 IN WRIT PETITION NO.278 OF 2012

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THE SAHAKAR URBAN CO-OPERATIVE CREDIT SOCIETY LTD.

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…. APPLICANT

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V/S

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GOMANTAK MAZDOOR SANGH REP. BY GENERAL SECRETARY

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SHRI PUTI GAONKAR AND 12 ORS.

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…. RESPONDENTS

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Shri S.D. Lotlikar, Senior Advocate with Ms. P. Hegde, Advocate for the Applicant.

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Shri Shivraj Gaonkar, Advocate for Respondent No.1.

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Shri P.P. Singh, Advocate for Respondent No.3.

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Shri S. Dhargalkar, Additional Government Advocate for Respondent No.6. Ms. D. Shirgam, Advocate for Respondent No.7.

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Shri D.B. Ambekar, Advocate for Respondent No.13.

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AND

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MISC. CIVIL APPLICATION NO.271/2013 IN WRIT PETITION NO.278 OF 2012

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DR. B. R. AMBEDKAR CO-OPERATIVE CREDIT SOCIETY LTD. …. APPLICANT V/S GOMANTAK MAZDOOR SANGH REP BY ITS GENERAL SECRETARY SHRI PUTI GAONKAR AND 12 ORS. …. RESPONDENTS

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Shri S.D. Lotlikar, Senior Advocate with Ms. P. Hegde, Advocate for the Applicant.

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Shri Shivraj Gaonkar, Advocate for Respondent No.1. Shri P.P. Singh, Advocate for Respondent No.3.

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Shri Pravin Faldessai, Additional Government Advocate for Respondent No.6.

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Shri D. Shirgam, Advocate for Respondent No.7.

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Shri D.B. Ambekar, Advocate for Respondent No.13.

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CORAM : R.M. SAVANT, J.

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DATE : 14^th OCTOBER, 2013

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P.C. :

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The above Civil Applications have been filed for the following relief:

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“That the Judgment and Order dated 22/09/2009 passed in Writ Petition No.278 of 2007, be modified/clarified; so as to direct that the amount which shall henceforth be received by the “Mormugao Handling Agents' Association, Vasco Da Gama”, the Respondent No.13 herein, from the Life Corporation of India or any other institution or person/s, shall be distributed amongst the parties to the said proceedings who are entitled to the same, after holding into the matter, and shall not be directly Paid to the Mini-pool workers; after affording an opportunity to the Applicant to prove its entitlement thereto, by producing necessary evidence to that

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effect.”

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The said relief is therefore common to all the Civil Applications.

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In so far as the said relief is concerned, in the light of the directions which have been issued in Writ Petitions no.726/2012, 161/2013 & 192/2013, an anomalous position would be created if the judgment and order dated 22/09/2009 passed in Writ Petition No.278 of 2007 and reported in 2009 (2) GLR 673 in the matter of Mrs. Madeline Pereira V/s. Gomantak Mazdoor Sangh and Ors. is not modified. The judgment and order therefore would stand modified to the extent of the reliefs granted in the said Writ Petitions, which are reproduced herein under:

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(i) The amount which has already been disbursed to the Mini Pool workers, who are appearing in the lists of the three banks in terms of the instant judgment is not interfered with. However, the same would be subject to the final outcome of the proceedings pending in the District Court.

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(ii) The amount which is lying undisbursed or that the amount which would now come and be deposited in the District Court

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would not be disbursed until the claim of the petitioner-Societies is adjudicated.

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(iii) It is clarified that the above directions are restricted to the

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workers who are appearing in the list of the petitioner-Societies

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i.e. the Vasco Urban Co-operative Credit Society Ltd., The Sahakar Urban Co-operative Credit Society Ltd. and Dr. B.R. Ambedkar Co-operative Credit Society Ltd. and would not cover the other workers.

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(iv) It is clarified that the petitioner-Societies would be entitled

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to the amount which is due to it qua a particular worker.

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The above Civil Applications are accordingly disposed of.

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R.M. SAVANT, J.

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NH/-

The Vasco Urban Co-Operative Credit Society Ltd., v. Gomantak Mazdoor Sangh Rep. by Its General Secretary Shri. Puti Gaonkar and 12 Ors.

Case brief

What is this about?

What did the court decide?

The Vasco Urban Co-Operative Credit Society Ltd., v. Gomantak Mazdoor Sangh Rep. by Its General Secretary Shri. Puti Gaonkar and 12 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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