RAJESHKUMAR MUKESHKUMAR RASANIA Vs. DISTRICT COLLECTOR, AHMEDABAD

JUDGEMENT

(1.) Present petition is filed with the following reliefs:-

(2.) It is the case of the present petitioner that the respondent No.2 was an employee of the petitioner Company and joined in the month of November, 2005 on the post of Officer-Projects, in the month of December, 2017 the respondent No.2 had approached the petitioner Company with a request to advance Rs.25,00,000.00 for the purpose of purchasing a house. The loan agreement was executed between the petitioner and respondent No.2 and the amount, as demanded by the respondent No.2 was advanced by the petitioner Company. It is further case of the petitioner that the loan of Rs.12,20,020.00 plus the interest of Rs.3,35,506.00 remained unpaid and the petitioner has resigned from the Company on 30/4/2021 without giving three months notice to the petitioner. Resignation of the petitioner was accepted on 31/7/2021 on a condition that respondent No.1 would comply with the conditions mentioned in the appointment order more particularly with regard to the condition that the respondent would not join any other Company having conflict of business interest. For recovery of the loan amount as well as the recovery of advance salary of Rs.5,00,000.00 the suit came to be filed being Civil Suit No.561 of 2024 which is pending for adjudication.

(3.) It is the case of the petitioner that though loan amount as well as amount towards the advance salary remained unpaid, the application was filed before the Authority under the Payment of Gratuity Act which was allowed and the petitioner was ordered to pay the amount of Rs.20,00,000.00 with interest from the date of application i.e. 8/11/2023. As the petitioner neither complied with the directions issued by the learned Controlling Authority, nor has challenged the order passed by the learned Controlling Authority before the learned Appellate Authority, respondent has filed the petition before this Court for execution of the recovery certificate which was issued in implementation of the order passed by the learned Controlling Authority. As this Court has directed the Authority to execute the certificate dtd. 4/12/2024, the petitioner has approached this Court by filing Civil Application for directions being Application No.1 of 2025 as well as the present petition with a prayer, not to pass any adverse order against the petitioner till the pendency of the suit. To test the bonafide, this Court has directed the present petitioner to deposit the amount mentioned in the recovery certificate vide order dtd. 24/3/2025 and on that condition the ad-interim relief was granted in terms of paragraph 20 (B). The petitioner herein, has deposited the amount of Rs.20,00,000.00 with the interest of Rs.5,00,000.00 as per the report submitted by the Registry.