Allowed

Sudhakar Gangaram Gunjatkar v. Zilla Parishad Nanded and Another

Bombay HC24 Jan 2014CA/219/2014

Case brief

AI extract

What is this about?

In a civil application seeking disbursement of dues to legal representatives of deceased employees, the High Court allowed the application based on submitted affidavits and indemnity bonds, discharging the need for further succession certificates for this specific withdrawal, while fixing the underlying writ petitions for final hearing.

What did the court decide?

Civil application allowed; Registry to verify indemnity bonds and identity before disbursement of amount to legal representatives.

Sudhakar Gangaram Gunjatkar Vs Zilla Parishad… — Pension and Retirement Benefits | Bombay HC (2014)

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1 C.A. 219....2014 in W.P. 2617.2008

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FARAD CONTINUATION SHEET No.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO. 219 OF 2014 IN WRIT PETITION NO. 2617 OF 2008 WITH WRIT PETITION NO. 1754 OF 2010

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Sudhakar Gangaram Gunjatkar & Anr. V/s Zilla Parishad, Nanded & Anr.

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Office Notes,Office Court's or Judge's orders Memoranda of Coram,appearances, ................................ Court's orders or CORAM : S.V.GANGAPURWALA, J. directions and Registrar's orders DATE : 24/01/2014

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Mr. Vivek Dhage, Advocate for the Petitioners. Mr. V.S.Panpatte, Advocate for Resp. No. 1.

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COURT'S ORDER :

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Vide the present Civil Application, the applicant prays that the amount for which the deceased applicants were entitled as per the chart, the said amount be paid to the legal heirs, whose names are detailed in para No. 18 of the present Civil Application.

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Mr. Dhage, learned counsel for the applicants submits that all the legal representatives have filed affidavits stating that the amount be paid in the name of the legal representatives, whose

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2 C.A. 219....2014 in W.P. 2617.2008

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names are detailed in the instant Civil Application. They have also filed indemnity bond before this Court.

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Mr. Panpatte, learned counsel for the respondent No. 1 submits that the applicants be directed to produce Succession Certificate or Legal Heir ship certificate as there is a possibility of some of the legal representatives being deprived of the said amount. In stead of paying the amount to them, the Writ Petitions be fixed for final hearing.

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This Court vide Order dated 14/06/2013 in C.A. 4404 of 2013 has already allowed the claimants/employees to withdraw the amount. Seven (7) employees who are dead, their legal representatives have filed the present Civil Application requesting for disbursement of the amount which was due to the deceased, be paid to them.

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The affidavits of all the legal representatives are said to have been filed, in which they have admitted the payment to be made to the widow of the deceased. Even they have filed indemnity bond on record. The interest of non applicants is safe-guarded.

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Considering the above, there is no impediment to allow the Civil Application in terms of prayer clause B.

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3 C.A. 219....2014 in W.P. 2617.2008

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The Civil Application is allowed in terms of prayer clause B. The registry shall verify the indemnity bonds and the identity of the persons withdrawing the amount, so also the affidavits filed by the other legal representatives.

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The Civil application is accordingly disposed of.

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Fix the Writ Petitions for final hearing in the week commencing from 21/06/2014.

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[ S.V.GANGAPURWALA, J. ]

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KNP/ C.A. 219....2014 in W.P. 2617.2008

Sudhakar Gangaram Gunjatkar v. Zilla Parishad Nanded and Another

Case brief

What is this about?

What did the court decide?

Sudhakar Gangaram Gunjatkar v. Zilla Parishad Nanded and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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