Full Text
LPA 225/2018
SUPRIO MUKHERJEE Appellant
Through: Mr. J.P. Cama, SeniorAdvocate with Mr. Saurabh Prakash, Mr. Kunal Gosain, Mr. Mayan Prasad and
Mr. Utsav Jain, Advocates.
Ms. Heena Malika, Advocates.
DIBYENDU BHATTACHARJEE Appellant BCH ELECTRIC LTD
Through: Mr. J.P. Cama, Senior Advocate with
Through: Mr. Gulshan Chawla, Mr. Amit • Gupta, Mr. Bhavishya Mehra and
SHALENDRA GUPTA Appellant
Page 1 of6 2018:DHC:9330-DB PRADEEP MEHRA
Respondent Mr. Gulshan Chawla, Mr. Amit Ms. Heena Mahka, Advocates.
Appellant
Respondents Mr. Gulshan Chawla, Mr. Amit CORAM:
JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA
30.11.2018
ORDER
1. These are four appeals directed against the separate interim orders dated 13'^ April 2018 passed bythe learned single Judge in CM 13726 of2018 in W.P. (C) No. 3485 of 2018; CM 13840 of 2018 in W.P. (C) 3508 of 2018; CM 13811 of 2018 in W.P. (C) 3498 of 2018 and CM 13317 of 2018 in LPA 225/2018 and connected matters Page 2 of[6] I / W.P. (C) 3385 of 2018 respectively.
2. The Appellants, who are the Respondents in each of the aforementioned writ, petitions filed by BCH Electric Ltd. (the Respondent herein), had succeeded in the Controlling Authority and later the Appellate Authority under the Pa5'ment of Gratuity Act, 1972. Duiing the pendency of the appeals before the Appellate Authority, the Respondent herein had fiimished bank guarantees (BGs) for the amount awarded to the Appellants i.e. principal sums plus simple interest at 10% per annum.
3. The aforementioned four writ petitions were filed before this Court by the Respondent challenging the separate orders dated 23"''' March 2018 passed by the Appellate Authority dismisrving its appeals along witli appiications for interim relief By the. impugned orders dated.,U"" April 2018, the learned Single Judge has while issuing notice in the-writ petitions pas'sed a separate but identical interim order, ineach ofthe writ petitions staying the operation oftheorders oftheCoritrolling Authority and Appellate Authority subject to the Respondent herein fumishing a fresh BG for the aggregate sum of the principal and interest at' 10% per amiura from T' June 2012 till 30'*" November 2017 within four weel:? for a.-period of one year subject to the satisfaction of the Registrar General of this Court. It was farther directed that upon the Respondent herein fliniishing the fi^esh BG, the earlier BG "Rimished to the Appellate Authority shall stand discharged. Aggrieved by this interim order, the Appellants have filed the present appeals.
4. Pursuant to the impugned interim orders, the Respondent has fiimished LPA 225/20.18 and connected ^natters Page 3 of[6] • I • ' ( ) V four BGs for an aggregate sum of Rs. 6,69,03,364 i.e. the total of the principal sum due to the four Appellants plus simple interest at 10% p.a. from V June 2012 till 30'*' iNovember 2017.
5. Having heard learned senior counsel for the parties and with the consent ofthe parties, these appeals are disposed ofby the following order;
(i) The impugned interim orders dated 13"" April 2018 ofthe learned Single
Judge to the extent of requiring the Respondent to furnish fresh BGs and restraining the encashment of the earlier BGs furnished to the Appellate Authority as a condition for stay ofoperation ofthe impugned orders ofthe Controlling Authority and Appellate Authority are hereby vacated.
(li) The Respondent shall submit a fixed deposit receipt of a nationalised bank in the sum ofRs. 6,69,03,364 favouring the Registrar General (RG) of this Court, valid initially for aperiod ofthree months (which period will be ( kept Ksnewed under orders ofthe learned Single Judge during the pendency ofthev/rit petitions), on orbefore 1.5^'' December 2018.
(iii) The matter will be listed before the RG on 15'^ December 2018. If the
FD.R as directed in (ii) above, is produced, the RG will, after verification, return to the Respondent the BGs furnished pursuant to the impugned order dated 13"^ April 2018 ofthe learned Single Judge.
(iv) If the FDR as directed in (ii) above is not furnished by the Respondent on or before 15^^ December 2018, the RG will proceed to immediately LFA 22S/20IS and connected muiters Page 4 of[6] encash the four BGs flimished by the Respondent pursuant to the impugned order dated 13* April 2018 of the learned Single Judge and keep the encashed amount in a.fixed deposit initially for a period of three months, which period will be kept renewed under orders ofthe learned Smgle Judge during thependency of the writ petitions.
(v) On the next date before the learned Single Judge i.e. 22"'' January 2019 the final hearing ofthe writ petitions, will commence. The learned Single Judge is requested to dispose ofthe writ petitions within a period oftwo months thereafter.
(vi) The pleadings in the four writ petitions shall be completed before 22"'*
(vii) The observations on merits by the learned Single Judge in impugned orders dated 13"^ April 2018 will not influence the final decision in the writ petitions.
(viii) Wliile finally disposing of the writ petitions, and in the event of the
Appellants succeeding, the learned Single Judge will take note of the submission ofMr. Mr. J.P. Cama learned senior counsel for the Appellants that the BGs thatwere furnished by the Respondent herein was for amounts that included interest only up to 30* November 2017 whereas more than a year has elapsed since then and, therefore, the Respondent would owe the Appellants further interest for the period thereafter till the date ofpayment. LPA 225/2018 andconnectedmatters Page 5of[6]
(ix) This Court has not expressed any opinion on the merits of the matters and all contentions of either party are left open to be urged before and decided by the learned Single Judge.