Bombay High CourtWP/1990/2014dispossed offdismiss for default

Sou. Girja W/O Gulab Charpe v. The Gram Panchayat, Through Its Village Development Officer, Belona And 2 Others

2015-06-10Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice C.V. Bhadang1 pages

1 wp1990.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1990 OF 2014 [Sou. Girija w/o Gulab Charpe .vs. The Gram Panchayat, Belona and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.J. Pathak, counsel for the petitioner, Shri S.R. Gajbhiye, counsel for the respondent no.1, Shri A.D. Sonak, AGP for the respondent nos.2 and 3. ..........

CORAM : SMT. VASANTI A. NAIK AND C.V. BHADANG, JJ.

DATED : JUNE 10, 2015.

By this petition, the petitioner seeks a direction to the respondent no.3 to execute the recovery certificate in a time bound manner.

The execution proceedings filed by the petitioner for execution of the award filed in the proceedings under the Workmen's Compensation Act are pending. The petitioner can seek appropriate direction in the said proceeding to the authorities to execute the recovery certificate within a reasonable time. Moreover, it is informed to this court by the learned counsel for the petitioner that during the pendency of the writ petition, a substantial part of the award/decree is received by the petitioner, in as much as, the amount of Rs.7,80,000/- is received and only an amount nearly Rs.2,00,000/- is liable to be paid to the petitioner towards interest. Also, it is stated in the reply filed by the respondent no.3 Tahsildar that he would take appropriate steps to ensure that the recovery certificate is executed. In view of the aforesaid, the writ petition is disposed of with no order as to costs.

JUDGE JUDGE Gulande