BHURABHAI RUPABHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner herein has approached this Court with grievances against the respondents. The grievance against the respondent No. 1 is about inaction in recovering the amounts covered by the recovery certificate issued by the Labour Court and grievance against the respondent No. 2 is that though liable to make the payments, the respondent No. 2 has not been making payment of the amount due and payable to the petitioner. Mr. Shah, learned AGP for respondent No. 1 in his oral submissions claimed that at one stage when the respondent No. l was in process of executing the recovery certificate and had issued notice under Bombay Land Revenue Code, certain cheques were issued purporting to be in compliance with the recovery certificate, however, subsequently, it was realized that the cheques were issued without sufficient balance in the account, as a result of which, the cheques got dishonoured when deposited by the authority for realization. Mr. Shah, learned AGP, submitted that the respondent No. 1 even issued notice under Section 138 of the Negotiable Instrument Act. He, however, admitted that thereafter the respondent No. 1 missed to take any action and the limitation under the Act has expired. Mr. Mishra has also made grievance that the respondent No. 2 has issued cheques which have not been dishonoured. The respondent No. 2 has filed affidavit in reply in connection with the grievance made in the petition and the said affidavit has been taken on record. In view of the subsequent developments, the controversy regarding dishonour of cheques and the allegation about inaction on the part of the respondent No. 1 is not required to be examined in detail in further.

(2.) TODAY, Mr. Vasavada, learned advocate for the respondent No. 2 has presented a Pay Order in the name of Registrar, High Court of Gujarat which is issued by the Federal Bank Limited for an amount of Rs. 76,641/ -. The said Pay Order covers the amount of recovery certificate. The said factual aspect is admitted by Mr. Mishra. Xerox copy of the Pay Order has been given to Mr. Mishra by Mr. Vasavada. Mr. Vasavada, learned advocate has assured the Court that the said pay order will be deposited with the registry on or before 14. 5. 2009 at 12. 00 O'clock. After the pay order is deposited, the Registrar, Gujarat High Court shall take necessary steps to realize the amount and when the amount is realized, necessary intimation may be given to the petitioner. After receiving intimation from the Registrar, the petitioner may make appropriate application permitting withdrawal of the amount and upon satisfying himself about the identity of the petitioner, the amount may be paid to the respondent by the Registrar by Account Payee Cheque, however, after properly ascertaining the identification of the concerned petitioner in light of relevant documents.

(3.) WITH the aforesaid clarification and direction, petition is disposed of. Notice discharged. No order as to costs.