GUJARAT ELECTRICITY BOARD Vs. SHANKARBHAI MOTIBHAI PRAJAPATI

JUDGEMENT

(1.) . What is the effect of a Peremptory Order is required to be considered in these three Misc.Civil Applications moved for reviving the main Appeals and as to whether any interim relief can be granted while the appeal dismissed as a result of the peremptory order is yet to be revived.

(2.) The papers available in this file of Misc. Civil Application No. 298/2000 also include two undated draft amendments - one without any documents and other with xerox copies of four documents.

(3.) First Appeal No.5986 of 1999 dated 27th September 1999 was filed by the applicant on 27th September 1999 against the judgment and order dated 6th August 1999 passed by the Commissioner, Workmen Compensation Act, Vadodara, whereby a compensation of Rs.38,221.87 and the interest thereon from 10th July 1987, i.e. date of application till the realisation at the rate of 6% was granted to the workman. A sum of Rs.9,555.46 was also directed to be paid to the workman against the penalty and the cost of Rs.5,000.00. Civil Application No.11304 of 1999 was also filed on 27th September 1999 along with the First Appeal seeking stay. The Registry pointed out several objections. When the objections were not removed, the order was passed by the Jt.Registrar on 26th October 1999 that in case the Office Objections are not removed on or before 23rd November 1999, the matter shall be placed before the Honourable Court for passing appropriate orders. Still all the objections were not removed particularly Objection No.26, i.e. receipt of the deposit of the amount had not been filed before the Court and it appears that even the Court Fee was paid on 23rd November 1999. Thereafter when the matter came up before the Court on 26th November 1999, the Court passed an order that the Office Objections be removed on or before 10th December 1999, failing which, the matter shall stand dismissed. Yet, the objections were not removed and the receipt of the deposit was not filed and therefore, the appeal stood dismissed on 10th December 1999 on the strength of the peremptory order dated 26th November 1999 as the appellant failed to remove the Office Objections even by 10th December 1999. The Registry then recorded on 12th January 2000 that the Appeal stood dismissed in view of the conditional order passed by the Court.