MARUTI PROCESSORSversusJAYPRAKASH RAJUBHAI PATEL
- Disposal
- 37-DISMISSED FOR DEFAULT @ ADMISSION
- Bench
- C DOSHI
Holding
The appeal is dismissed as the parties have settled the dispute and the respondent has been paid the full compensation.
Summary
In the first appeal filed by Maruti Processors against Jayprakash Rajubhai Patel, the parties jointly presented a notarized settlement indicating a total compensation of Rs.3,18,773 for a non‑fatal work‑men's case. The appellant had already paid Rs.50,000 and subsequently paid an additional Rs.2,75,000, exceeding the claimant's entitlement. The respondent confirmed receipt of the full amount of Rs.3,25,000 and produced a receipt. The Court held that, in view of the settlement, the appeal could not survive and ordered the refund of any amount deposited before the Commissioner with interest, if applicable. Consequently, the first appeal was disposed of, and the earlier judgment dated 02.11.2018 was modified accordingly.
Issues considered
- Whether the first appeal should be dismissed on account of a settlement between the parties
- Whether the amount deposited before the Commissioner must be refunded with interest
Subjects
Judgment
C/FA/1012/2019 ORDER DATED: 21/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1012 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 1012 of 2019
=====================================================================
MARUTI PROCESSORS
Versus
JAYPRAKASH RAJUBHAI PATEL
=====================================================================
Appearance:
MR YOGI K GADHIA(5913) for the Appellant(s) No. 1
MR PC CHAUDHARI for the Defendant(s) No. 1
=====================================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 21/10/2021
ORAL ORDER
1. Learned advocate Mr. Yogi K. Gadhia, for the appellant and learned
advocate Mr. P.C. Chaudhari, for the defendant have jointly tendered a
notarized settlement duly signed by both the parties to this appeal. As per the
terms and conditions of the settlement, since this is a Non-fatal case, the total
amount of compensation and dues, etc. payable to the workman comes to
Rs.3,18,773/-. A detailed computation is given in the notarized settlement. The
settlement further indicates that the appellant was already paid an amount of
Rs.50,000/- and a further sum of Rs.2,75,000/- as against his entitlement of
Rs.2,68,773/-, was further paid by the present appellant.
2. Learned advocate Mr. P.C. Chaudhari makes a statement that the
appellant has received an amount of Rs.2,75,000/- over and above an amount of
Rs.50,000/-, which was already paid to the respondent herein. He also indicates
that along with the settlement itself, a receipt has also been produced.
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C/FA/1012/2019 ORDER DATED: 21/10/2021
3. In view of the aforesaid settlement, which is taken on record, the present
first appeal would not survive. Needless to say, in view of the fact that the
present respondent has received a total amount of Rs.3,25,000/- (Rs.50,000/- +
Rs.2,75,000/-), the amount deposited by the appellant before the learned
Commissioner at Surat to be refunded to the present appellant within a period
of six weeks after he makes an application, with accrued interest, if any.
4. With the aforesaid observation, the present first appeal stands disposed
of. However, in case of any difficulty, both the parties are at a liberty to revive
the present First Appeal.
5. In view of the above, the judgment dated 02.11.2018 passed in WC(Non
Fatal) Application No. 45/2008 dated 02.11.2018 stands modified to the
aforesaid extent. All other applications pending along with this application also
stand disposed of. Direct service is permitted today.
(NIRZAR S. DESAI,J)
Raj S. Dhobi
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