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26. Having noted the contention, firstly, a perusal of clause
14 no doubt does not state ‘a part thereof’ as contended by
the learned senior counsel. However, that does not mean that
a breach committed in respect of a part of the leased land
cannot be construed as breach and would disentitle the
lessor to exercise the right thereunder. Secondly, Section
111(g) does not suggest that in respect of the lease as a
whole, the forfeiture should be limited only to the portion
regarding which the breach is alleged. The breach is of not
adhering to the assurance given to lessor in respect of the
property belonging to the lessor, be it the whole or a part of it.
In this regard, the decision relied on in the case of <cite>Sh.
Shiam Behari Lal Gour and Others vs. Madan Singh AIR
(32) 1946 Allahabad 298</cite> is a circumstance where the suit
was decreed for a declaration that the lease rights of the
defendants in the leased land have been determined and the
plaintiff is entitled to possession. In that circumstance, the
point which arose for consideration is, whether the plaintiff is
in the events which have happened, entitled to such
declaration and whether in that circumstance there has been
forfeiture. Nodoubt as contended by the learned senior
counsel, the issue that was settled is that the law leans
against forfeiture. Such consideration in the said suit was
after noting the nature of right that was claimed to the
property by the lessor wherein there was rival claims of
succession to the property.
27.
In the case, <cite>A. Venkataramana Bhatta and Ors. vs.
Krishna Bhatta and Ors AIR 1925 Madras 57</cite>, the High
Court no doubt considered the case against forfeiture of the
entire lease when there was partial alienation by taking a leaf
from the construction adopted in England, based on the
general principles of equity and the same was followed in
India. In the said case, the equitable principle was applied in
a circumstance where the lessee himself in fact was the
owner of the property. He had mortgaged the same and had
obtained lease of a portion of the mortgage property from his
mortgagee. From such property which was obtained on lease,
a portion thereof was again mortgaged by him to a different
mortgagee which was termed as breach of the terms of lease.
In that circumstance, the forfeiture was limited only to the
portion which was mortgaged to a thirdparty mortgagee after
obtaining on lease from the first mortgagee. | <para>
26. Having noted the contention, firstly, a perusal of clause
14 no doubt does not state ‘a part thereof’ as contended by
the learned senior counsel. However, that does not mean that
a breach committed in respect of a part of the leased land
cannot be construed as breach and would disentitle the
lessor to exercise the right thereunder. Secondly, Section
111(g) does not suggest that in respect of the lease as a
whole, the forfeiture should be limited only to the portion
regarding which the breach is alleged. The breach is of not
adhering to the assurance given to lessor in respect of the
property belonging to the lessor, be it the whole or a part of it.
In this regard, the decision relied on in the case of <cite>Sh.
Shiam Behari Lal Gour and Others vs. Madan Singh AIR
(32) 1946 Allahabad 298</cite> is a circumstance where the suit
was decreed for a declaration that the lease rights of the
defendants in the leased land have been determined and the
plaintiff is entitled to possession. In that circumstance, the
point which arose for consideration is, whether the plaintiff is
in the events which have happened, entitled to such
declaration and whether in that circumstance there has been
forfeiture. Nodoubt as contended by the learned senior
counsel, the issue that was settled is that the law leans
against forfeiture. Such consideration in the said suit was
after noting the nature of right that was claimed to the
property by the lessor wherein there was rival claims of
succession to the property.
</para>
<para>
27.
In the case, <cite>A. Venkataramana Bhatta and Ors. vs.
Krishna Bhatta and Ors AIR 1925 Madras 57</cite>, the High
Court no doubt considered the case against forfeiture of the
entire lease when there was partial alienation by taking a leaf
from the construction adopted in England, based on the
general principles of equity and the same was followed in
India. In the said case, the equitable principle was applied in
a circumstance where the lessee himself in fact was the
owner of the property. He had mortgaged the same and had
obtained lease of a portion of the mortgage property from his
mortgagee. From such property which was obtained on lease,
a portion thereof was again mortgaged by him to a different
mortgagee which was termed as breach of the terms of lease.
In that circumstance, the forfeiture was limited only to the
portion which was mortgaged to a thirdparty mortgagee after
obtaining on lease from the first mortgagee.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
28.
In the case, <icite>Grove vs. Portal 1902 1 CH 727</icite>, the lease
given was of fishing in certain portions of the river but with
the condition not to sublet without the consent of the lessor
in writing. When breach was alleged, the lessee contended
that he granted authority to another person only to the extent
as provided in the lease. The lessor, however, contended that
it constituted breach as the lessee assigned it to third person.
In that situation, it was held that the covenant did not
expressly apply to any part of the premises as well as to the
whole since the lessee was not precluded from granting
license to another person (limited to two rods) to fish in the
river during the residue of the term. The consideration
therein would not be relevant in the instant case. In the case,
<cite>Cook vs. Shoesmith (1951) 1 KB752</cite>, it was the case where
the dwelling house was let to the tenant wherein, he agreed
that he will not sublet. However, the tenant had sublet two
rooms of the house due to which the landlord filed the suit
for possession alleging breach of the agreement. The court
relied on the dictum of <cite>Lord Elson in Church vs. Brown</cite>
wherein it was held that the principle of an undertaking not
to sublet the premise was not broken since ‘the premise’
described the whole of what is demised and there are no
words such as a tenant had agreed not to sublet any part of
it. In that circumstance, it was held that there was no breach
of the agreement.
29.
In, <cite>Swarnamoyee Debya vs. Aferaddi and Ors. AIR
1932 Calcutta 787</cite>, it was a case where ejectment was sought
for unauthorised transfer by the defendant which was
contended to have broken the condition in the document
creating the tenancy. In that circumstance, it was held that
the usufructuary mortgage was not of the entire holding and
upon the covenant in the lease, no forfeiture was incurred by
the transaction. The question which was considered therein
was with regard to the construction of the lease which had
arisen in that case and a decision to that effect was taken. In
the case, <cite>Keshab Chandra Sarkar and Ors. vs. Gopal
Chandra Chanda AIR 1960 Calcutta 609</cite>, the plaintiff had
sued for recovery of possession contending unauthorised
transfer of the leased land without the consent of lessor
which amounted to breach of condition of the lease. The
general principles relating to forfeiture as had been laid down
was taken note and in that circumstance by strictly
construing the right of forfeiture against the lessor in the
absence of express stipulation had arrived at the conclusion
that the transfer made of the entire extent, though consent
had been obtained to transfer a part would not amount to
breach. Certain other decisions relied on by the learned
senior counsel are also to the same effect and we see no need
to refer to each of them. But, what is necessary to be taken
note is that the general principles of equity as laid down in
<cite>Grove vs. Portal (supra)</cite> has been the basis for the
conclusion reached in almost all the noted cases. | <para>
28.
In the case, <icite>Grove vs. Portal 1902 1 CH 727</icite>, the lease
given was of fishing in certain portions of the river but with
the condition not to sublet without the consent of the lessor
in writing. When breach was alleged, the lessee contended
that he granted authority to another person only to the extent
as provided in the lease. The lessor, however, contended that
it constituted breach as the lessee assigned it to third person.
In that situation, it was held that the covenant did not
expressly apply to any part of the premises as well as to the
whole since the lessee was not precluded from granting
license to another person (limited to two rods) to fish in the
river during the residue of the term. The consideration
therein would not be relevant in the instant case. In the case,
<cite>Cook vs. Shoesmith (1951) 1 KB752</cite>, it was the case where
the dwelling house was let to the tenant wherein, he agreed
that he will not sublet. However, the tenant had sublet two
rooms of the house due to which the landlord filed the suit
for possession alleging breach of the agreement. The court
relied on the dictum of <cite>Lord Elson in Church vs. Brown</cite>
wherein it was held that the principle of an undertaking not
to sublet the premise was not broken since ‘the premise’
described the whole of what is demised and there are no
words such as a tenant had agreed not to sublet any part of
it. In that circumstance, it was held that there was no breach
of the agreement.
</para>
<para>
29.
In, <cite>Swarnamoyee Debya vs. Aferaddi and Ors. AIR
1932 Calcutta 787</cite>, it was a case where ejectment was sought
for unauthorised transfer by the defendant which was
contended to have broken the condition in the document
creating the tenancy. In that circumstance, it was held that
the usufructuary mortgage was not of the entire holding and
upon the covenant in the lease, no forfeiture was incurred by
the transaction. The question which was considered therein
was with regard to the construction of the lease which had
arisen in that case and a decision to that effect was taken. In
the case, <cite>Keshab Chandra Sarkar and Ors. vs. Gopal
Chandra Chanda AIR 1960 Calcutta 609</cite>, the plaintiff had
sued for recovery of possession contending unauthorised
transfer of the leased land without the consent of lessor
which amounted to breach of condition of the lease. The
general principles relating to forfeiture as had been laid down
was taken note and in that circumstance by strictly
construing the right of forfeiture against the lessor in the
absence of express stipulation had arrived at the conclusion
that the transfer made of the entire extent, though consent
had been obtained to transfer a part would not amount to
breach. Certain other decisions relied on by the learned
senior counsel are also to the same effect and we see no need
to refer to each of them. But, what is necessary to be taken
note is that the general principles of equity as laid down in
<cite>Grove vs. Portal (supra)</cite> has been the basis for the
conclusion reached in almost all the noted cases.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
30.
In contradistinction to the facts which arose for
consideration in the cited cases where essentially the dispute
was interse between the private owners of the property and
their lessees and the nature of transaction, in the instant
case, the leased land is the property which belong to the
government and the leasehold right has been auctioned so as
to earn revenue for the state, which is to the interest of its
citizens and one citizen or a group is permitted to exploit the
land to the exclusion of all others. Additionally, such
government property is located in an area notified as reserve
forest. In such circumstance, when the lessee is given the
benefit of such property and the breach of the condition
imposed is alleged, the strict construction of the forfeiture
clause against the lessor in all circumstances would not arise
as otherwise it would render the clause in the lease deed
otiose. The principle contained in Section 111(g) of the T.P.
Act though noticed, the parties are governed by the terms in
the contract and as such the lessee cannot claim benefit
under the said provision. Further, as already noted the
consideration under Section 111(g) is based on equitable
principles which will have to be applied depending on the
facts and circumstances obtained in each case. While
applying the equitable principles, the maxim he who seeks
equity must do equity cannot be lost sight of. It is said, a
court will not assist a lessee in extricating himself or herself
from the circumstances that he or she has created, in the
name of equitable consideration. In the instant facts as
already noted when public largesse is bestowed on certain
terms and conditions, a term of the lease deed is to be strictly
adhered to and when Clause 14 provides that the lessee shall
not be entitled to sublet or assign his interest in the lease
except with the previous permission in writing of the lessor, it
does not matter as to whether the breach committed is by
assigning a portion of the leased land or the whole when such
interest of the lessee has been transferred without previous
permission of the lessor. Further, in all the cases referred to
by the learned senior counsel, the breach alleged was either
of creating mortgage or subletting the property. In the instant
case, despite being a lessee the respondent has executed an
absolute sale deed in respect of the leased land which belongs
to the government and such breach cannot be condoned.
CIVIL APPEAL NO.5120/2021 @ SLP(C) No.9661/2017
AND CIVIL APPEAL NO.5119/2021 @ SLP(C)
No.18760/2016
31.
The AppellantState of Kerala in both these appeals are
assailing the interim orders passed by the learned single
judge in W.P. No.35832/2015. The said order had been
confirmed by the learned Division Bench through the orders
dated 11.01.2016 and 25.01.2017. Considering that the
learned single judge had made an interim arrangement
protecting the interest of both the parties which will be
subject to ultimate result in the writ petition and also taking
note that this Court while directing notice in SLP
No.9661/2017, on 21.04.2017 had directed the parties to
maintain status quo as it existed on that day and the said
order has continued till this day, it would be appropriate that
the said position shall continue and the High Court shall
dispose of the writ proceedings in accordance with law, if
already not considered and disposed of. We make it clear that
we have refrained from interfering with the impugned orders
since they are interim in nature. We have also not adverted to
the merits of the rival contentions arising in these
proceedings. As such the High Court shall consider the case
on its own merits.
32. For all the aforestated reasons, the following order;
(i)
The order dated 10.07.2015 passed by the
learned Division Bench in W.A.No.369/2011 and
W.A.No.375/2011 is set aside.
(ii) The order dated 17.01.2011 passed by the learned
Single Judge in W.P.No.1207/2005 is restored.
(iii) The appeals arising out of SLP(C) Nos.879
880/2016 are allowed in part with no order as to
costs.
(iv) The appeals arising out of SLP (C) No.9661/2017
and SLP(C) No.18760/2016 are disposed of.
(v) Pending application, if any, shall stand disposed
of. | <para>
30.
In contradistinction to the facts which arose for
consideration in the cited cases where essentially the dispute
was interse between the private owners of the property and
their lessees and the nature of transaction, in the instant
case, the leased land is the property which belong to the
government and the leasehold right has been auctioned so as
to earn revenue for the state, which is to the interest of its
citizens and one citizen or a group is permitted to exploit the
land to the exclusion of all others. Additionally, such
government property is located in an area notified as reserve
forest. In such circumstance, when the lessee is given the
benefit of such property and the breach of the condition
imposed is alleged, the strict construction of the forfeiture
clause against the lessor in all circumstances would not arise
as otherwise it would render the clause in the lease deed
otiose. The principle contained in Section 111(g) of the T.P.
Act though noticed, the parties are governed by the terms in
the contract and as such the lessee cannot claim benefit
under the said provision. Further, as already noted the
consideration under Section 111(g) is based on equitable
principles which will have to be applied depending on the
facts and circumstances obtained in each case. While
applying the equitable principles, the maxim he who seeks
equity must do equity cannot be lost sight of. It is said, a
court will not assist a lessee in extricating himself or herself
from the circumstances that he or she has created, in the
name of equitable consideration. In the instant facts as
already noted when public largesse is bestowed on certain
terms and conditions, a term of the lease deed is to be strictly
adhered to and when Clause 14 provides that the lessee shall
not be entitled to sublet or assign his interest in the lease
except with the previous permission in writing of the lessor, it
does not matter as to whether the breach committed is by
assigning a portion of the leased land or the whole when such
interest of the lessee has been transferred without previous
permission of the lessor. Further, in all the cases referred to
by the learned senior counsel, the breach alleged was either
of creating mortgage or subletting the property. In the instant
case, despite being a lessee the respondent has executed an
absolute sale deed in respect of the leased land which belongs
to the government and such breach cannot be condoned.
CIVIL APPEAL NO.5120/2021 @ SLP(C) No.9661/2017
AND CIVIL APPEAL NO.5119/2021 @ SLP(C)
No.18760/2016
</para>
<para>
31.
The AppellantState of Kerala in both these appeals are
assailing the interim orders passed by the learned single
judge in W.P. No.35832/2015. The said order had been
confirmed by the learned Division Bench through the orders
dated 11.01.2016 and 25.01.2017. Considering that the
learned single judge had made an interim arrangement
protecting the interest of both the parties which will be
subject to ultimate result in the writ petition and also taking
note that this Court while directing notice in SLP
No.9661/2017, on 21.04.2017 had directed the parties to
maintain status quo as it existed on that day and the said
order has continued till this day, it would be appropriate that
the said position shall continue and the High Court shall
dispose of the writ proceedings in accordance with law, if
already not considered and disposed of. We make it clear that
we have refrained from interfering with the impugned orders
since they are interim in nature. We have also not adverted to
the merits of the rival contentions arising in these
proceedings. As such the High Court shall consider the case
on its own merits.
</para>
<para>
32. For all the aforestated reasons, the following order;
(i)
The order dated 10.07.2015 passed by the
learned Division Bench in W.A.No.369/2011 and
W.A.No.375/2011 is set aside.
(ii) The order dated 17.01.2011 passed by the learned
Single Judge in W.P.No.1207/2005 is restored.
(iii) The appeals arising out of SLP(C) Nos.879
880/2016 are allowed in part with no order as to
costs.
(iv) The appeals arising out of SLP (C) No.9661/2017
and SLP(C) No.18760/2016 are disposed of.
(v) Pending application, if any, shall stand disposed
of.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
The present appeals arise out of the common judgment and
2.
order dated 16th January, 2020 of the Karnataka High Court which
1
dismissed several Writ Petitions. The course of the litigation
highlights the malaise of constant abuse of procedural provisions
which defeats justice, i.e. frivolous attempts by unsuccessful
litigants to putting up spurious objections and setting up third
parties, to object, delay and obstruct the execution of a decree.
3.
The third respondent (hereafter referred to as
‘Narayanamma’) had purchased a property measuring 1 Acre
(Survey No. 15/2) of Deevatige Ramanahalli, Mysore Road,
Bengaluru (hereafter referred to as ‘suit property’) under the sale
deed dated 17.03.1960. The suit land was converted and got
merged in the municipal limits of Bengaluru and was assigned
with Municipal Corporation No. 327 and 328, Mysore Road,
Bengaluru. Narayanamma sold 1908 square yard of the suit
property in Municipal Corporation (Survey No. 327) to 2nd and 3rd
respondents (hereafter referred to ‘Jitendra’ and `Urmila’) under a
sale deed dated 13.05.1986. This was demarcated with the
sketch annexed to the sale deed. The adjacent portion of
property, Survey No. 327 was sold to Shri Moolendra Kumar
Gandhi and Smt. Baby Gandhi by another sale deed dated
13.05.1986. This property was also demarcated in the sketch and
2
clearly shows its dimensions and boundaries annexed to the sale
deed. Therefore, the first two respondents, Shri Moolendra Kumar
Gandhi and Smt. Baby Gandhi became absolute owners of the suit
property with the totally admeasuring of 3871 square yards.
Thus, Narayanamma had sold about 34,839 square feet of the
property out of 1 Acre land (43,860 square feet) owned by her.
Subsequently, after the sale of the major portion of the said
property to the first two respondents and their brother,
Narayanamma who is the mother of A. Ramachandra Reddy the
fourth respondent (hereafter called “the vendors”) filed a suit1 for
declaration that the two sale deeds in favour of the first two
respondents (also called “purchasers” or “decree-holders”) as well
as against Shri Moolendra Kumar Gandhi etc. were void. The
vendors and Shri Anjan Reddy (deceased respondent no. 8) on
25.03.1991 executed a registered partition deed. This document
did not advert to the sale deed executed in favour of the
purchasers and Shri Moolendar Kumar Gandhi and Smt. Baby
Kumari Gandhi. The purchasers were restrained by an injunction
1 O.S. No. 986/1987
3
from entering the property which Narayanamma claimed was
hers. | <para>
The present appeals arise out of the common judgment and
2.
order dated 16th January, 2020 of the Karnataka High Court which
1
dismissed several Writ Petitions. The course of the litigation
highlights the malaise of constant abuse of procedural provisions
which defeats justice, i.e. frivolous attempts by unsuccessful
litigants to putting up spurious objections and setting up third
parties, to object, delay and obstruct the execution of a decree.
</para>
<para>
3.
The third respondent (hereafter referred to as
‘Narayanamma’) had purchased a property measuring 1 Acre
(Survey No. 15/2) of Deevatige Ramanahalli, Mysore Road,
Bengaluru (hereafter referred to as ‘suit property’) under the sale
deed dated 17.03.1960. The suit land was converted and got
merged in the municipal limits of Bengaluru and was assigned
with Municipal Corporation No. 327 and 328, Mysore Road,
Bengaluru. Narayanamma sold 1908 square yard of the suit
property in Municipal Corporation (Survey No. 327) to 2nd and 3rd
respondents (hereafter referred to ‘Jitendra’ and `Urmila’) under a
sale deed dated 13.05.1986. This was demarcated with the
sketch annexed to the sale deed. The adjacent portion of
property, Survey No. 327 was sold to Shri Moolendra Kumar
Gandhi and Smt. Baby Gandhi by another sale deed dated
13.05.1986. This property was also demarcated in the sketch and
2
clearly shows its dimensions and boundaries annexed to the sale
deed. Therefore, the first two respondents, Shri Moolendra Kumar
Gandhi and Smt. Baby Gandhi became absolute owners of the suit
property with the totally admeasuring of 3871 square yards.
Thus, Narayanamma had sold about 34,839 square feet of the
property out of 1 Acre land (43,860 square feet) owned by her.
Subsequently, after the sale of the major portion of the said
property to the first two respondents and their brother,
Narayanamma who is the mother of A. Ramachandra Reddy the
fourth respondent (hereafter called “the vendors”) filed a suit1 for
declaration that the two sale deeds in favour of the first two
respondents (also called “purchasers” or “decree-holders”) as well
as against Shri Moolendra Kumar Gandhi etc. were void. The
vendors and Shri Anjan Reddy (deceased respondent no. 8) on
25.03.1991 executed a registered partition deed. This document
did not advert to the sale deed executed in favour of the
purchasers and Shri Moolendar Kumar Gandhi and Smt. Baby
Kumari Gandhi. The purchasers were restrained by an injunction
1 O.S. No. 986/1987
3
from entering the property which Narayanamma claimed was
hers.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
During the pendency of the suit for declaration, the first
4.
purchasers filed two suits2 against the vendors for possession.
During the pendency of these suits on 11.02.2000 by two
separate sale deeds Shri Dhanji Bhai Patel and Shri Govind Dhanji
Patel purchased 7489 square feet and 7650 square feet
respectively, out of the residue of the property owned by
Narayanamma. While so, during the pendency of the suits
instituted by the purchasers, the vendors again sold the suit
property i.e. the land to the present appellant (Rahul Shah) and
three others (Respondents no. 5-7) by four separate sale deeds.3In
the possession suits the vendors filed counter claims (dated
18.04.1998). During the pendency of proceedings the purchasers
sought for transfer and mutation of property in their names which
were declined by the Municipal Corporation; this led to their
approaching the High Court in Writ Petition No. 19205/1992 which
2 O.S. Nos. 9077/ 1996 and 9078/1996
3 Dated 09.11.2001, 12.12.2001, 05.12.2002 and 20.10.2004
4
was disposed of with a direction4 that after adjudication of the
injunction suit (filed by the vendors) the khata be transferred.
The proceedings in the injunction suit filed by the vendors
5.
and the other two suits filed by the purchasers were clubbed
together. The City Civil Judge, Bangalore by a common judgment
dated 21.12.2006 allowed and decreed the suits for possession
preferred by the purchasers and dismissed the vendor’s suit for
injunction. The decree holders preferred execution proceedings.5
They filed applications under Order XXI Rule 97 of the Code of
Civil Procedure (CPC) since the judgment debtors/vendors had
sold the property to the appellant and respondents no. 4 to 7.
The appellant i.e. a subsequent purchaser filed objections. | <para>
During the pendency of the suit for declaration, the first
4.
purchasers filed two suits2 against the vendors for possession.
During the pendency of these suits on 11.02.2000 by two
separate sale deeds Shri Dhanji Bhai Patel and Shri Govind Dhanji
Patel purchased 7489 square feet and 7650 square feet
respectively, out of the residue of the property owned by
Narayanamma. While so, during the pendency of the suits
instituted by the purchasers, the vendors again sold the suit
property i.e. the land to the present appellant (Rahul Shah) and
three others (Respondents no. 5-7) by four separate sale deeds.3In
the possession suits the vendors filed counter claims (dated
18.04.1998). During the pendency of proceedings the purchasers
sought for transfer and mutation of property in their names which
were declined by the Municipal Corporation; this led to their
approaching the High Court in Writ Petition No. 19205/1992 which
2 O.S. Nos. 9077/ 1996 and 9078/1996
3 Dated 09.11.2001, 12.12.2001, 05.12.2002 and 20.10.2004
4
was disposed of with a direction4 that after adjudication of the
injunction suit (filed by the vendors) the khata be transferred.
</para>
<para>
The proceedings in the injunction suit filed by the vendors
5.
and the other two suits filed by the purchasers were clubbed
together. The City Civil Judge, Bangalore by a common judgment
dated 21.12.2006 allowed and decreed the suits for possession
preferred by the purchasers and dismissed the vendor’s suit for
injunction. The decree holders preferred execution proceedings.5
They filed applications under Order XXI Rule 97 of the Code of
Civil Procedure (CPC) since the judgment debtors/vendors had
sold the property to the appellant and respondents no. 4 to 7.
The appellant i.e. a subsequent purchaser filed objections.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6.
During the pendency of the proceedings the front portion of
the suit property bearing Municipal Corporation No. 327, Mysore
road, Bangalore became the subject matter of the acquisition for
the Bangalore Metro Project. The decree holders (the first two
respondents) preferred objections to the proposed acquisition and
further claimed the possession. In the meanwhile, aggrieved by
the dismissal of the suit and decreeing the suit for possession,
4 Dated 05.11.1998
5 Execution Case Nos. 458-459/2007
5
Narayanamma filed first appeals in the High Court6. In these
proceedings it was brought to the notice of the High Court that
the suit properties had been sold to the appellant and
respondents no. 4 to 7. By an order7 the High Court directed the
vendors to furnish particulars with respect to the sale, names of
the purchaser and area sold etc. By common judgment dated
22.10.2009 the High Court dismissed all the appeals pending
before it. The Special Leave Petition preferred by the vendors8
was also dismissed by this Court on 23.07.2010.
7.
Apparently, during the pendency of execution proceedings
before the trial Court the vendors again sold the properties in
favour of Shri P. Prem Chand, Shir Parasmal, Shri Kethan S. Shah &
Ors. and Shri Gopilal Ladha & Shri Vinay Maheshwari by separate
sale deeds9. This was brought to the notice of the High Court
which had dismissed the appeal preferred by the vendors. | <para>
6.
During the pendency of the proceedings the front portion of
the suit property bearing Municipal Corporation No. 327, Mysore
road, Bangalore became the subject matter of the acquisition for
the Bangalore Metro Project. The decree holders (the first two
respondents) preferred objections to the proposed acquisition and
further claimed the possession. In the meanwhile, aggrieved by
the dismissal of the suit and decreeing the suit for possession,
4 Dated 05.11.1998
5 Execution Case Nos. 458-459/2007
5
Narayanamma filed first appeals in the High Court6. In these
proceedings it was brought to the notice of the High Court that
the suit properties had been sold to the appellant and
respondents no. 4 to 7. By an order7 the High Court directed the
vendors to furnish particulars with respect to the sale, names of
the purchaser and area sold etc. By common judgment dated
22.10.2009 the High Court dismissed all the appeals pending
before it. The Special Leave Petition preferred by the vendors8
was also dismissed by this Court on 23.07.2010.
</para>
<para>
7.
Apparently, during the pendency of execution proceedings
before the trial Court the vendors again sold the properties in
favour of Shri P. Prem Chand, Shir Parasmal, Shri Kethan S. Shah &
Ors. and Shri Gopilal Ladha & Shri Vinay Maheshwari by separate
sale deeds9. This was brought to the notice of the High Court
which had dismissed the appeal preferred by the vendors.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
8.
During the pendency of the proceedings before the High
Court Narayanamma, the appellant and respondents no. 4 to 7
filed indemnity bonds claiming that there was no dispute with
6 R.F.A. No. 661-663/ 2007
7 Dated 10.04.208
8 S.L.P. (C) Nos. 16349-13651/2010
9 Dated 09.11.2001, 12.12.2001, 05.12.2002 and 20.10.2004
6
respect to the suit property and claimed the compensation in
respect of portions that were acquired. These were brought to the
notice of the High Court which passed an order in W.P. No.
9337/2008. The court considered all the materials and held that
the compensation could not have been dispersed to the vendors,
the appellant and Respondents no. 4 to 7. The High Court issued
directions to them to deposit the amounts. An appeal was
preferred by the appellant and the said respondents, against that
order, which was rejected by the Division Bench.10 Consequently,
an enquiry was held and order was passed by the Land
Acquisition Officer on 01.08.2011 directing the appellant, the
vendor and others to redeposit the amounts. By an order passed
in another Writ Petition No. 2099/201111 the High Court held that
the decree holder/purchasers were entitled to transfer of khata of
property in their names and directed to hold an inquiry against
the Revenue Officer. Since the orders of the High Court, with
respect to the deposits of amounts, were not complied with,
contempt proceedings were taken.
10 Dated 28.10.2009
11 Dated 17.07.2013
7
9.
The High Court in another order dated 19.04.2013 directed
Narayanamma and respondents no. 4 to 7 to deposit the
amounts. That order in contempt proceedings (C.C.C. No.
280/2011) was challenged before this Court in a special leave
petition12 which was dismissed on 05.11.2014. Thereafter,
apparently in compliance with the High Court’s direction for
transfer of khata the municipal and revenue records reflect the
names of the decree-holder/purchasers. | <para>
8.
During the pendency of the proceedings before the High
Court Narayanamma, the appellant and respondents no. 4 to 7
filed indemnity bonds claiming that there was no dispute with
6 R.F.A. No. 661-663/ 2007
7 Dated 10.04.208
8 S.L.P. (C) Nos. 16349-13651/2010
9 Dated 09.11.2001, 12.12.2001, 05.12.2002 and 20.10.2004
6
respect to the suit property and claimed the compensation in
respect of portions that were acquired. These were brought to the
notice of the High Court which passed an order in W.P. No.
9337/2008. The court considered all the materials and held that
the compensation could not have been dispersed to the vendors,
the appellant and Respondents no. 4 to 7. The High Court issued
directions to them to deposit the amounts. An appeal was
preferred by the appellant and the said respondents, against that
order, which was rejected by the Division Bench.10 Consequently,
an enquiry was held and order was passed by the Land
Acquisition Officer on 01.08.2011 directing the appellant, the
vendor and others to redeposit the amounts. By an order passed
in another Writ Petition No. 2099/201111 the High Court held that
the decree holder/purchasers were entitled to transfer of khata of
property in their names and directed to hold an inquiry against
the Revenue Officer. Since the orders of the High Court, with
respect to the deposits of amounts, were not complied with,
contempt proceedings were taken.
10 Dated 28.10.2009
11 Dated 17.07.2013
7
</para>
<para>
9.
The High Court in another order dated 19.04.2013 directed
Narayanamma and respondents no. 4 to 7 to deposit the
amounts. That order in contempt proceedings (C.C.C. No.
280/2011) was challenged before this Court in a special leave
petition12 which was dismissed on 05.11.2014. Thereafter,
apparently in compliance with the High Court’s direction for
transfer of khata the municipal and revenue records reflect the
names of the decree-holder/purchasers.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
10. The execution proceedings initiated by the decree holders
resulted in the court requiring parties to lead evidence, in view of
the obstruction by the appellant and respondents no. 4 to 7, by its
order dated 23.04.2010. When obstruction proceedings were
pending under Order XXI Rule 97, the judgment debtor i.e. the
vendors initiated criminal proceedings in 2016 against the decree
holders; these were stayed by the High Court on 20.06.2016 and
later quashed on 16.03.2017. The judgment debtors had alleged
The High Court directed
forgery of certain documents.
appointment of Court Commissioner to identify and measure the
property. At the time of disposal of the criminal proceedings High
12 SLP (C) No. 18031/2013
8
Court directed that the Commissioner’s report along with the
objections of the Judgment debtors ought to be forwarded to the
Executing Court.
11.
In the meanwhile, by an order the Executing Court had
appointed the Taluka Surveyor of BBMP as the Court
Commissioner and directed him to visit the spot and survey and
fix the boundaries of decretal property. Recall of these orders was
sought by the judgment debtors; they also sought for reference to
forensic examination by a Handwriting Expert of the sale
documents. These two review applications were dismissed; and
on 13.06.2017 the Executing Court declined the application for
forensic examination of documents and also rejected the
obstructers’ resistance to execution. | <para>
10. The execution proceedings initiated by the decree holders
resulted in the court requiring parties to lead evidence, in view of
the obstruction by the appellant and respondents no. 4 to 7, by its
order dated 23.04.2010. When obstruction proceedings were
pending under Order XXI Rule 97, the judgment debtor i.e. the
vendors initiated criminal proceedings in 2016 against the decree
holders; these were stayed by the High Court on 20.06.2016 and
later quashed on 16.03.2017. The judgment debtors had alleged
The High Court directed
forgery of certain documents.
appointment of Court Commissioner to identify and measure the
property. At the time of disposal of the criminal proceedings High
12 SLP (C) No. 18031/2013
8
Court directed that the Commissioner’s report along with the
objections of the Judgment debtors ought to be forwarded to the
Executing Court.
</para>
<para>
11.
In the meanwhile, by an order the Executing Court had
appointed the Taluka Surveyor of BBMP as the Court
Commissioner and directed him to visit the spot and survey and
fix the boundaries of decretal property. Recall of these orders was
sought by the judgment debtors; they also sought for reference to
forensic examination by a Handwriting Expert of the sale
documents. These two review applications were dismissed; and
on 13.06.2017 the Executing Court declined the application for
forensic examination of documents and also rejected the
obstructers’ resistance to execution.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
12. All these orders led to initiation of five writ petitions on
behalf of the appellant, and the vendors etc. Three First appeals13
were preferred by obstructers challenging the decision of the
Executing Court dated 15.02.2017. By impugned common order
all these Writ Petitions and appeals were dismissed.
13 R.F.A. Nos. 441, 468 and 469/2017
9
13.
It is argued by Mr. Shailesh Madiyal on behalf of the
appellant (Rahul Shah) that the impugned order has the effect of
diluting the order of the Executing Court dated 23.04.2010 with
respect to survey of the entire property. It was pointed out by the
counsel for the appellant that there were disputes with respect to
boundaries and identity of the properties as between parties.
Referring to the order, it was submitted that the Court had noticed
that the High Court in earlier Writ Petitions had directed the
Special Land Acquisition Officer to hold an enquiry and if
necessary refer the matter to Civil Court under Section 30 of the
Land Acquisition Act. In view of all these disputes, questions
especially related to the boundaries and the imprecise nature of
the extent and location of the disputed properties, the impugned
order should be interfered with and the reliefs sought by the
appellant be granted.
Learned Counsel submitted that
subsequently by order dated 31.10.2014 the Executing Court
erroneously held that Sketch Exhibit P-26 was drawn by Revenue
Authorities whereas in fact it was introduced by handwritten
sketch given by the decree holders.
10 | <para>
12. All these orders led to initiation of five writ petitions on
behalf of the appellant, and the vendors etc. Three First appeals13
were preferred by obstructers challenging the decision of the
Executing Court dated 15.02.2017. By impugned common order
all these Writ Petitions and appeals were dismissed.
13 R.F.A. Nos. 441, 468 and 469/2017
9
</para>
<para>
13.
It is argued by Mr. Shailesh Madiyal on behalf of the
appellant (Rahul Shah) that the impugned order has the effect of
diluting the order of the Executing Court dated 23.04.2010 with
respect to survey of the entire property. It was pointed out by the
counsel for the appellant that there were disputes with respect to
boundaries and identity of the properties as between parties.
Referring to the order, it was submitted that the Court had noticed
that the High Court in earlier Writ Petitions had directed the
Special Land Acquisition Officer to hold an enquiry and if
necessary refer the matter to Civil Court under Section 30 of the
Land Acquisition Act. In view of all these disputes, questions
especially related to the boundaries and the imprecise nature of
the extent and location of the disputed properties, the impugned
order should be interfered with and the reliefs sought by the
appellant be granted.
Learned Counsel submitted that
subsequently by order dated 31.10.2014 the Executing Court
erroneously held that Sketch Exhibit P-26 was drawn by Revenue
Authorities whereas in fact it was introduced by handwritten
sketch given by the decree holders.
10
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
14. Learned counsel submitted that decree holder’s efforts in all
the proceedings were to confuse the identity of the property and
therefore had sought clubbing of both execution cases; this
request was rejected by the Executing Court after concluding that
the property sought to be executed in two cases were different
and further that rights claimed too were distinct.
15. Learned counsel for the appellant in the second set of
petitions, i.e. SLP (C) No. 11859-11860 of 2020 and SLP (C) No.
11792-11793 of 2020, on the other hand urged that the High
Court as well as the Executing Court fell into error in holding that
what was sought by the obstructer (i.e. the appellant Gopilal
Ladha) was far in excess of what was left after decree holders had
purchased and therefore the conveyances had overlapped. | <para>
14. Learned counsel submitted that decree holder’s efforts in all
the proceedings were to confuse the identity of the property and
therefore had sought clubbing of both execution cases; this
request was rejected by the Executing Court after concluding that
the property sought to be executed in two cases were different
and further that rights claimed too were distinct.
</para>
<para>
15. Learned counsel for the appellant in the second set of
petitions, i.e. SLP (C) No. 11859-11860 of 2020 and SLP (C) No.
11792-11793 of 2020, on the other hand urged that the High
Court as well as the Executing Court fell into error in holding that
what was sought by the obstructer (i.e. the appellant Gopilal
Ladha) was far in excess of what was left after decree holders had
purchased and therefore the conveyances had overlapped.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
16. Mr. Arunava Mukherjee appearing for the second set of
appellants also reiterated the submissions of Mr. Shailesh Madiyal
that the decree holders had intentionally confused the identity of
the property. He highlighted that the High Court acted in error in
rejecting the appellants’ request for subjecting documents to
forensic examination by handwriting experts. It was submitted
that this aspect was completely overlooked because the
11
appellants’ had raised serious doubts with respect to the
genuineness and authenticity of the signatures of the documents.
17. The respondents urged that this Court should not interfere
with the findings of the High Court. Learned counsel reiterated
that numerous proceedings were taken out and that the judgment
debtors had sold the very same property three times over – at
least two times after the decree holders purchased their portions
of the property and during the pendency of the suits filed by
them. The judgment debtors had sought a declaration that the
sale deeds executed in favour of the decree holders were not
genuine and lost. Thereafter, the judgment debtor and some of
the obstructers succeeded in collecting compensation in respect
of the portion of the property that had been acquired. Ultimately,
those amounts had to be disbursed by the Court orders. The
judgment debtors/ vendor even sought forensic examination and
initiated the criminal proceedings that were quashed by the High
Court. The High Court took note of all these circumstances and
passed a just order, requiring the appointment of a Court
Commissioner to identify and measure the properties. While
doing so the Executing Court has been asked to take into
12
consideration all the materials on record including the reports
submitted by the previous Court Commissioner Mr. Venkatesh
Dalwai. | <para>
16. Mr. Arunava Mukherjee appearing for the second set of
appellants also reiterated the submissions of Mr. Shailesh Madiyal
that the decree holders had intentionally confused the identity of
the property. He highlighted that the High Court acted in error in
rejecting the appellants’ request for subjecting documents to
forensic examination by handwriting experts. It was submitted
that this aspect was completely overlooked because the
11
appellants’ had raised serious doubts with respect to the
genuineness and authenticity of the signatures of the documents.
</para>
<para>
17. The respondents urged that this Court should not interfere
with the findings of the High Court. Learned counsel reiterated
that numerous proceedings were taken out and that the judgment
debtors had sold the very same property three times over – at
least two times after the decree holders purchased their portions
of the property and during the pendency of the suits filed by
them. The judgment debtors had sought a declaration that the
sale deeds executed in favour of the decree holders were not
genuine and lost. Thereafter, the judgment debtor and some of
the obstructers succeeded in collecting compensation in respect
of the portion of the property that had been acquired. Ultimately,
those amounts had to be disbursed by the Court orders. The
judgment debtors/ vendor even sought forensic examination and
initiated the criminal proceedings that were quashed by the High
Court. The High Court took note of all these circumstances and
passed a just order, requiring the appointment of a Court
Commissioner to identify and measure the properties. While
doing so the Executing Court has been asked to take into
12
consideration all the materials on record including the reports
submitted by the previous Court Commissioner Mr. Venkatesh
Dalwai.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
Discussion and conclusions:
18.
It is quite evident from the above discussion that the vendor
and her son (judgment debtors) after executing the sale deed in
respect of a major portion of the property, questioned the
transaction by a suit for declaration. The decree holders also filed
a suit for possession. During the pendency of these proceedings,
two sets of sale deeds were executed. The vendors’ suit was
dismissed – the decree of dismissal was upheld at the stage of the
High Court too. On the other hand, the purchasers’ suit was
decreed and became the subject matter of the appeal. The High
Court dismissed the first appeal; this Court dismissed the Special
Leave Petition. This became the background for the next stage of
the proceedings, i.e. execution. Execution proceedings are now
being subsisting for over 14 years. In the meanwhile, numerous
applications including criminal proceedings questioning the very
same documents that was the subject matter of the suit were
13
initiated. In between the portion of the property that had been
acquired became the subject matter of land acquisition
proceedings and disbursement of the compensation. That
became the subject matter of writ and contempt proceedings.
Various orders of the Executing Court passed from time to time,
became the subject matter of writ petitions and appeals - six of
them, in the High Court. All these were dealt with together and
disposed of by the common impugned order. | <para>
Discussion and conclusions:
</para>
<para>
18.
It is quite evident from the above discussion that the vendor
and her son (judgment debtors) after executing the sale deed in
respect of a major portion of the property, questioned the
transaction by a suit for declaration. The decree holders also filed
a suit for possession. During the pendency of these proceedings,
two sets of sale deeds were executed. The vendors’ suit was
dismissed – the decree of dismissal was upheld at the stage of the
High Court too. On the other hand, the purchasers’ suit was
decreed and became the subject matter of the appeal. The High
Court dismissed the first appeal; this Court dismissed the Special
Leave Petition. This became the background for the next stage of
the proceedings, i.e. execution. Execution proceedings are now
being subsisting for over 14 years. In the meanwhile, numerous
applications including criminal proceedings questioning the very
same documents that was the subject matter of the suit were
13
initiated. In between the portion of the property that had been
acquired became the subject matter of land acquisition
proceedings and disbursement of the compensation. That
became the subject matter of writ and contempt proceedings.
Various orders of the Executing Court passed from time to time,
became the subject matter of writ petitions and appeals - six of
them, in the High Court. All these were dealt with together and
disposed of by the common impugned order.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
19. A perusal of the common impugned order shows that High
Court has painstakingly catalogued all
proceedings
chronologically and their outcomes. The final directions in the
impugned order is as follows:
(a) the other challenge by the JDrs and the
Obstructors having been partly favoured, the
impugned orders of the Executing Court directing
Delivery Warrant, are set at naught, and the matter is
remitted back for consideration afresh by appointing an
expert person/official as the Court Commissioner for
accomplishing the identification & measurement of the
decreetal properties with the participation of all the
stake-holders, in that exercise subject to all they bearing
the costs & fees thereof, equally;
it is open to the Executing Court to take into
(b)
consideration the entire evidentiary material on record
14
hitherto including the Report already submitted by the
Court Commissioner Shri Venkatesh Dalwai,
the amount already in deposit and the one to be
(c)
deposited by the Obstructors in terms of orders of Co-
ordinate Benches of this Court mentioned in paragraph 8
supra shall be released to the parties concerned, that
emerge victorious in the Execution Petitions;
the JDrs shall jointly pay to the DHrs collectively
(d)
an exemplary cost of Rs. 5,00,000/- (Rupees five lakh)
only
in each of the Execution Petitions within a period of eight
weeks, regardless of the outcome of the said petitions;
and, if, the same is not accordingly paid, they run the
of
risk
being excluded
the
Execution Proceedings, in the discretion of the learned
judge of the Court below; and,
(e) the entire exercise including the disposal of the
Execution Petitions shall be accomplished within an
outer
limit of six months, and the compliance of such
accomplishment shall be reported to the Registrar
General of this Court.
from participation
in
No costs qua obstructors.
Sd/-
JUDGE
20. The contentions of the Special Leave Petition mainly centre
around one or the other previous orders of the Executing Court
with regard identification of the property and boundary etc and
the subjecting documents to forensic examination. As is evident
15
from the reading of the final order, the High Court has adopted a
fair approach requiring the Executing Court to appoint a Court
Commissioner to verify the identity of the suit properties and also
consider the materials brought on record including the reports of
the previous local commission. In the light of this, the arguments
of the present appellants are unmerited and without any force.
The Court also finds that the complaint that documents ought to
be subjected to forensic examination, is again insubstantial. The
criminal proceedings initiated during the pendency of the
execution proceedings – in 2016 culminated in the quashing of
those proceedings. The argument that the documents are not
genuine or that they contain something suspicious ex-facie
appears only to be another attempt to stall execution and seek
undue advantage. As a result, the High Court correctly declined
to order forensic examination. This Court is of the opinion that
having regard to the totality of circumstances the direction to pay
costs quantified at Rs. 5 lakh (to be complied by the judgment
debtor) was reasonable, given the several attempts by the decree
holder to ensure that the fruits of the judgment secured by them
16
having been thwarted repeatedly. As a result, the direction to pay
costs was just and proper. | <para>
19. A perusal of the common impugned order shows that High
Court has painstakingly catalogued all
proceedings
chronologically and their outcomes. The final directions in the
impugned order is as follows:
(a) the other challenge by the JDrs and the
Obstructors having been partly favoured, the
impugned orders of the Executing Court directing
Delivery Warrant, are set at naught, and the matter is
remitted back for consideration afresh by appointing an
expert person/official as the Court Commissioner for
accomplishing the identification & measurement of the
decreetal properties with the participation of all the
stake-holders, in that exercise subject to all they bearing
the costs & fees thereof, equally;
it is open to the Executing Court to take into
(b)
consideration the entire evidentiary material on record
14
hitherto including the Report already submitted by the
Court Commissioner Shri Venkatesh Dalwai,
the amount already in deposit and the one to be
(c)
deposited by the Obstructors in terms of orders of Co-
ordinate Benches of this Court mentioned in paragraph 8
supra shall be released to the parties concerned, that
emerge victorious in the Execution Petitions;
the JDrs shall jointly pay to the DHrs collectively
(d)
an exemplary cost of Rs. 5,00,000/- (Rupees five lakh)
only
in each of the Execution Petitions within a period of eight
weeks, regardless of the outcome of the said petitions;
and, if, the same is not accordingly paid, they run the
of
risk
being excluded
the
Execution Proceedings, in the discretion of the learned
judge of the Court below; and,
(e) the entire exercise including the disposal of the
Execution Petitions shall be accomplished within an
outer
limit of six months, and the compliance of such
accomplishment shall be reported to the Registrar
General of this Court.
from participation
in
No costs qua obstructors.
Sd/-
JUDGE
</para>
<para>
20. The contentions of the Special Leave Petition mainly centre
around one or the other previous orders of the Executing Court
with regard identification of the property and boundary etc and
the subjecting documents to forensic examination. As is evident
15
from the reading of the final order, the High Court has adopted a
fair approach requiring the Executing Court to appoint a Court
Commissioner to verify the identity of the suit properties and also
consider the materials brought on record including the reports of
the previous local commission. In the light of this, the arguments
of the present appellants are unmerited and without any force.
The Court also finds that the complaint that documents ought to
be subjected to forensic examination, is again insubstantial. The
criminal proceedings initiated during the pendency of the
execution proceedings – in 2016 culminated in the quashing of
those proceedings. The argument that the documents are not
genuine or that they contain something suspicious ex-facie
appears only to be another attempt to stall execution and seek
undue advantage. As a result, the High Court correctly declined
to order forensic examination. This Court is of the opinion that
having regard to the totality of circumstances the direction to pay
costs quantified at Rs. 5 lakh (to be complied by the judgment
debtor) was reasonable, given the several attempts by the decree
holder to ensure that the fruits of the judgment secured by them
16
having been thwarted repeatedly. As a result, the direction to pay
costs was just and proper.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
21. The High Court has directed the Executing Court to complete
the process within six months. That direction is affirmed. The
parties are hereby directed to cooperate with the Executing Court;
in case that court finds any obstruction or non-cooperation it shall
proceed to use its powers, including the power to set down and
proceed ex-parte any party or impose suitably heavy costs.
Therefore, in light of the above observations these appeals are
liable to be dismissed.
22. These appeals portray the troubles of the decree holder in
not being able to enjoy the fruits of litigation on account of
inordinate delay caused during the process of execution of
decree. As on 31.12.2018, there were 11,80,275 execution
petitions pending in the subordinate courts. As this Court was of
the considered view that some remedial measures have to be
taken to reduce the delay in disposal of execution petitions, we
proposed certain suggestions which have been furnished to the
learned counsels of parties for response. We heard Mr. Shailesh
17
Madiyal, learned counsel for the petitioner and Mr. Paras Jain,
learned counsel for the respondent. | <para>
21. The High Court has directed the Executing Court to complete
the process within six months. That direction is affirmed. The
parties are hereby directed to cooperate with the Executing Court;
in case that court finds any obstruction or non-cooperation it shall
proceed to use its powers, including the power to set down and
proceed ex-parte any party or impose suitably heavy costs.
Therefore, in light of the above observations these appeals are
liable to be dismissed.
</para>
<para>
22. These appeals portray the troubles of the decree holder in
not being able to enjoy the fruits of litigation on account of
inordinate delay caused during the process of execution of
decree. As on 31.12.2018, there were 11,80,275 execution
petitions pending in the subordinate courts. As this Court was of
the considered view that some remedial measures have to be
taken to reduce the delay in disposal of execution petitions, we
proposed certain suggestions which have been furnished to the
learned counsels of parties for response. We heard Mr. Shailesh
17
Madiyal, learned counsel for the petitioner and Mr. Paras Jain,
learned counsel for the respondent.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
23. This court has repeatedly observed that remedies provided
for preventing injustice are actually being misused to cause
injustice, by preventing a timely implementation of orders and
execution of decrees. This was discussed even in the year 1872
by the Privy Counsel in <cite>The General Manager of the Raja
Durbhunga v. Maharaja Coomar Ramaput Sing14</cite> which
observed that the actual difficulties of a litigant in India begin
when he has obtained a decree. This Court made a similar
observation in <cite>Shub Karan Bubna @ Shub Karan Prasad
Bubna v Sita Saran Bubna15</cite>, wherein it recommended that the
Law Commission and the Parliament should bestow their attention
to provisions that enable frustrating successful execution. The
Court opined that the Law Commission or the Parliament must
give effect to appropriate recommendations to ensure such
amendments in the Code of Civil Procedure, 1908, governing the
adjudication of a suit, so as to ensure that the process of
adjudication of a suit be continuous from the stage of initiation to
14 (1871-72) 14 Moore’s I.A. 605
15 (2009) 9 SCC 689
18
the stage of securing relief after execution proceedings. The
execution proceedings which are supposed to be handmaid of
justice and sub-serve the cause of justice are, in effect, becoming
tools which are being easily misused to obstruct justice.
24.
In respect of execution of a decree, Section 47 of CPC
contemplates adjudication of limited nature of issues relating to
execution i.e., discharge or satisfaction of the decree and is
aligned with the consequential provisions of Order XXI. Section 47
is intended to prevent multiplicity of suits. It simply lays down the
procedure and the form whereby the court reaches a decision. For
the applicability of the section, two essential requisites have to be
kept in mind. Firstly, the question must be the one arising
between the parties and secondly, the dispute relates to the
execution, discharge or satisfaction of the decree. Thus, the
objective of Section 47 is to prevent unwanted litigation and
dispose of all objections as expeditiously as possible. | <para>
23. This court has repeatedly observed that remedies provided
for preventing injustice are actually being misused to cause
injustice, by preventing a timely implementation of orders and
execution of decrees. This was discussed even in the year 1872
by the Privy Counsel in <cite>The General Manager of the Raja
Durbhunga v. Maharaja Coomar Ramaput Sing14</cite> which
observed that the actual difficulties of a litigant in India begin
when he has obtained a decree. This Court made a similar
observation in <cite>Shub Karan Bubna @ Shub Karan Prasad
Bubna v Sita Saran Bubna15</cite>, wherein it recommended that the
Law Commission and the Parliament should bestow their attention
to provisions that enable frustrating successful execution. The
Court opined that the Law Commission or the Parliament must
give effect to appropriate recommendations to ensure such
amendments in the Code of Civil Procedure, 1908, governing the
adjudication of a suit, so as to ensure that the process of
adjudication of a suit be continuous from the stage of initiation to
14 (1871-72) 14 Moore’s I.A. 605
15 (2009) 9 SCC 689
18
the stage of securing relief after execution proceedings. The
execution proceedings which are supposed to be handmaid of
justice and sub-serve the cause of justice are, in effect, becoming
tools which are being easily misused to obstruct justice.
</para>
<para>
24.
In respect of execution of a decree, Section 47 of CPC
contemplates adjudication of limited nature of issues relating to
execution i.e., discharge or satisfaction of the decree and is
aligned with the consequential provisions of Order XXI. Section 47
is intended to prevent multiplicity of suits. It simply lays down the
procedure and the form whereby the court reaches a decision. For
the applicability of the section, two essential requisites have to be
kept in mind. Firstly, the question must be the one arising
between the parties and secondly, the dispute relates to the
execution, discharge or satisfaction of the decree. Thus, the
objective of Section 47 is to prevent unwanted litigation and
dispose of all objections as expeditiously as possible.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
25. These provisions contemplate that for execution of decrees,
Executing Court must not go beyond the decree. However, there
is steady rise of proceedings akin to a re-trial at the time of
execution causing failure of realisation of fruits of decree and
relief which the party seeks from the courts despite there being a
19
decree in their favour. Experience has shown that various
objections are filed before the Executing Court and the decree
holder is deprived of the fruits of the litigation and the judgment
debtor, in abuse of process of law, is allowed to benefit from the
subject matter which he is otherwise not entitled to.
26. The general practice prevailing in the subordinate courts is
that invariably in all execution applications, the Courts first issue
show cause notice asking the judgment debtor as to why the
decree should not be executed as is given under Order XXI Rule
22 for certain class of cases. However, this is often misconstrued
as the beginning of a new trial. For example, the judgement
debtor sometimes misuses the provisions of Order XXI Rule 2 and
Order XXI Rule 11 to set up an oral plea, which invariably leaves
no option with the Court but to record oral evidence which may be
frivolous. This drags the execution proceedings indefinitely.
27. This is anti-thesis to the scheme of Civil Procedure Code,
which stipulates that in civil suit, all questions and issues that
may arise, must be decided in one and the same trial. Order I and
Order II which relate to Parties to Suits and Frame of Suits with the
object of avoiding multiplicity of proceedings, provides for joinder
20
of parties and joinder of cause of action so that common
questions of law and facts could be decided at one go.
28. Order I Rule 10(2) empowers the Court to add any party who
ought to have been joined, whether as a plaintiff or defendant, or
whose presence before the Court may be necessary in order to
enable the Court to effectually and completely adjudicate upon
and settle all questions involved in the suit. Further, Order XXII
Rule 10 provides that in cases of assignment, creation or
devolution of any interest during the pendency of the suit, the suit
may, by leave of the Court, be continued by or against the person
to or upon whom such interest has come to be devolved.
29. While CPC under Rules 30 to 36 of Order XXI provides for
execution of various decrees, the modes of execution are common
for all. Section 51 of CPC lists the methods of execution as by
delivery of property; by attachment and sale; by arrest and
detention in civil prison; by appointing a receiver or in any other
manner as the nature of relief granted may require. Moreover,
Order XL Rule 1 contemplates the appointment of the Receiver by
the Court. In appropriate cases, the Receiver may be given
possession, custody and/or management of the property
immediately after the decree is passed. Such expression will
21
assist in protection and preservation of the property. This
procedure within the framework of CPC can provide assistance to
the Executing Court in delivery of the property in accordance with
the decree. | <para>
25. These provisions contemplate that for execution of decrees,
Executing Court must not go beyond the decree. However, there
is steady rise of proceedings akin to a re-trial at the time of
execution causing failure of realisation of fruits of decree and
relief which the party seeks from the courts despite there being a
19
decree in their favour. Experience has shown that various
objections are filed before the Executing Court and the decree
holder is deprived of the fruits of the litigation and the judgment
debtor, in abuse of process of law, is allowed to benefit from the
subject matter which he is otherwise not entitled to.
26. The general practice prevailing in the subordinate courts is
that invariably in all execution applications, the Courts first issue
show cause notice asking the judgment debtor as to why the
decree should not be executed as is given under Order XXI Rule
22 for certain class of cases. However, this is often misconstrued
as the beginning of a new trial. For example, the judgement
debtor sometimes misuses the provisions of Order XXI Rule 2 and
Order XXI Rule 11 to set up an oral plea, which invariably leaves
no option with the Court but to record oral evidence which may be
frivolous. This drags the execution proceedings indefinitely.
27. This is anti-thesis to the scheme of Civil Procedure Code,
which stipulates that in civil suit, all questions and issues that
may arise, must be decided in one and the same trial. Order I and
Order II which relate to Parties to Suits and Frame of Suits with the
object of avoiding multiplicity of proceedings, provides for joinder
20
of parties and joinder of cause of action so that common
questions of law and facts could be decided at one go.
</para>
<para>
28. Order I Rule 10(2) empowers the Court to add any party who
ought to have been joined, whether as a plaintiff or defendant, or
whose presence before the Court may be necessary in order to
enable the Court to effectually and completely adjudicate upon
and settle all questions involved in the suit. Further, Order XXII
Rule 10 provides that in cases of assignment, creation or
devolution of any interest during the pendency of the suit, the suit
may, by leave of the Court, be continued by or against the person
to or upon whom such interest has come to be devolved.
29. While CPC under Rules 30 to 36 of Order XXI provides for
execution of various decrees, the modes of execution are common
for all. Section 51 of CPC lists the methods of execution as by
delivery of property; by attachment and sale; by arrest and
detention in civil prison; by appointing a receiver or in any other
manner as the nature of relief granted may require. Moreover,
Order XL Rule 1 contemplates the appointment of the Receiver by
the Court. In appropriate cases, the Receiver may be given
possession, custody and/or management of the property
immediately after the decree is passed. Such expression will
21
assist in protection and preservation of the property. This
procedure within the framework of CPC can provide assistance to
the Executing Court in delivery of the property in accordance with
the decree.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
30. As to the decree for the delivery of any immovable property,
Order XXI Rule 35 provides that possession thereof shall be
delivered to the party to whom it has been adjudged, or to such
person as he may appoint to receive delivery on his behalf, and, if
necessary, by removing any person bound by the decree who
refuses to vacate the property.
31. As the trial continues between specific parties before the
Courts and is based on available pleadings, sometimes vague
description of properties raises genuine or frivolous third-party
issues before delivery of possession during the execution. A
person who is not party to the suit, at times claims separate
rights or interests giving rise to the requirement of determination
of new issues. | <para>
30. As to the decree for the delivery of any immovable property,
Order XXI Rule 35 provides that possession thereof shall be
delivered to the party to whom it has been adjudged, or to such
person as he may appoint to receive delivery on his behalf, and, if
necessary, by removing any person bound by the decree who
refuses to vacate the property.
</para>
<para>
31. As the trial continues between specific parties before the
Courts and is based on available pleadings, sometimes vague
description of properties raises genuine or frivolous third-party
issues before delivery of possession during the execution. A
person who is not party to the suit, at times claims separate
rights or interests giving rise to the requirement of determination
of new issues.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
32. While there may be genuine claims over the subject matter
property, the Code also recognises that there might be frivolous
or instigated claims to deprive the decree holder from availing the
benefits of the decree. Sub-rule (2) of Rule 98 of Order XXI
22
contemplates such situations and provides for penal
consequences for resistance or obstruction occasioned without
any just cause by the judgment debtor or by some other person
at his instigation or on his behalf, or by the transferee, where
such transfer was made during the pendency of the suit or
execution proceedings. However, such acts of abuse of process of
law are seldom brought to justice by sending the judgment
debtor, or any other person acting on his behalf, to the civil
prison.
In relation to execution of a decree of possession of
33.
immovable property, it would be worthwhile to mention the twin
objections which could be read. Whereas under Order XXI Rule 97,
a decree holder can approach the court pointing out about the
obstruction and require the court to pass an order to deal with the
obstructionist for executing a decree for delivering the possession
of the property, the obstructionist can also similarly raise
objections by raising new issues which take considerable time for
determination. | <para>
32. While there may be genuine claims over the subject matter
property, the Code also recognises that there might be frivolous
or instigated claims to deprive the decree holder from availing the
benefits of the decree. Sub-rule (2) of Rule 98 of Order XXI
22
contemplates such situations and provides for penal
consequences for resistance or obstruction occasioned without
any just cause by the judgment debtor or by some other person
at his instigation or on his behalf, or by the transferee, where
such transfer was made during the pendency of the suit or
execution proceedings. However, such acts of abuse of process of
law are seldom brought to justice by sending the judgment
debtor, or any other person acting on his behalf, to the civil
prison.
</para>
<para>
In relation to execution of a decree of possession of
33.
immovable property, it would be worthwhile to mention the twin
objections which could be read. Whereas under Order XXI Rule 97,
a decree holder can approach the court pointing out about the
obstruction and require the court to pass an order to deal with the
obstructionist for executing a decree for delivering the possession
of the property, the obstructionist can also similarly raise
objections by raising new issues which take considerable time for
determination.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
34. However, under Order XXI Rule 99 it is a slightly better
position, wherein a person, other than the judgment debtor, when
is dispossessed of immoveable property by the decree holder for
23
possession of such property, files an application with objections.
Such objections also lead to re-trial, but as the objector is already
dispossessed, the execution of the decree is more probable and
expeditious. In Order XXI Rule 97 the obstructionist comes up with
various objections that ideally should have been raised at the
time of adjudication of suit. Such obstructions for execution could
be avoided if a Court Commissioner is appointed at the proper
time.
35. Having considered the abovementioned legal complexities,
the large pendency of execution proceedings and the large
number of instances of abuse of process of execution, we are of
the opinion that to avoid controversies and multiple issues of a
very vexed question emanating from the rights claimed by third
parties, the Court must play an active role in deciding all such
related issues to the subject matter during adjudication of the suit
itself and ensure that a clear, unambiguous, and executable
decree is passed in any suit. | <para>
34. However, under Order XXI Rule 99 it is a slightly better
position, wherein a person, other than the judgment debtor, when
is dispossessed of immoveable property by the decree holder for
23
possession of such property, files an application with objections.
Such objections also lead to re-trial, but as the objector is already
dispossessed, the execution of the decree is more probable and
expeditious. In Order XXI Rule 97 the obstructionist comes up with
various objections that ideally should have been raised at the
time of adjudication of suit. Such obstructions for execution could
be avoided if a Court Commissioner is appointed at the proper
time.
</para>
<para>
35. Having considered the abovementioned legal complexities,
the large pendency of execution proceedings and the large
number of instances of abuse of process of execution, we are of
the opinion that to avoid controversies and multiple issues of a
very vexed question emanating from the rights claimed by third
parties, the Court must play an active role in deciding all such
related issues to the subject matter during adjudication of the suit
itself and ensure that a clear, unambiguous, and executable
decree is passed in any suit.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
36. Some of the measures in that regard would include that
before settlement of issues, the Court must, in cases, involving
delivery of or any rights relating to the property, exercise power
under Order XI Rule 14 by ordering production of documents upon
24
oath, relating to declaration regarding existence of rights of any
third party, interest in the suit property either created by them or
in their knowledge. It will assist the court in deciding impleadment
of third parties at an early stage of the suit so that any future
controversy regarding non-joinder of necessary party may be
avoided. It shall ultimately facilitate an early disposal of a suit
involving any immovable property.
37.
It also becomes necessary for the Trial Court to determine
what is the status of the property and when the possession is not
disputed, who and in what part of the suit property is in
possession other than the defendant. Thus, the Court may also
take recourse to the following actions:
a) Issue commission under Order XXVI Rule 9 of CPC.
A determination through commission, upon the institution of
a suit shall provide requisite assistance to the court to assess and
evaluate to take necessary steps such as joining all affected
parties as necessary parties to the suit. Before settlement of
issues, the Court may appoint a Commissioner for the purpose of
carrying out local investigation recording exact description and
demarcation of the property including the nature and occupation
25
of the property. In addition to this, the Court may also appoint a
Receiver under Order XL Rule 1 to secure the status of the
property during the pendency of the suit or while passing a
decree.
b) Issue public notice specifying the suit property and
inviting claims, if any, that any person who is in possession of
the suit property or claims possession of the suit property or
has any right, title or interest in the said property specifically
stating that if the objections are not raised at this stage, no
party shall be allowed to raise any objection in respect of any
claim he/she may have subsequently.
c) Affix such notice on the said property.
d) Issue such notice specifying suit number etc. and the
Court in which it is pending including details of the suit
property and have the same published on the official website of
the Court. | <para>
36. Some of the measures in that regard would include that
before settlement of issues, the Court must, in cases, involving
delivery of or any rights relating to the property, exercise power
under Order XI Rule 14 by ordering production of documents upon
24
oath, relating to declaration regarding existence of rights of any
third party, interest in the suit property either created by them or
in their knowledge. It will assist the court in deciding impleadment
of third parties at an early stage of the suit so that any future
controversy regarding non-joinder of necessary party may be
avoided. It shall ultimately facilitate an early disposal of a suit
involving any immovable property.
</para>
<para>
37.
It also becomes necessary for the Trial Court to determine
what is the status of the property and when the possession is not
disputed, who and in what part of the suit property is in
possession other than the defendant. Thus, the Court may also
take recourse to the following actions:
a) Issue commission under Order XXVI Rule 9 of CPC.
A determination through commission, upon the institution of
a suit shall provide requisite assistance to the court to assess and
evaluate to take necessary steps such as joining all affected
parties as necessary parties to the suit. Before settlement of
issues, the Court may appoint a Commissioner for the purpose of
carrying out local investigation recording exact description and
demarcation of the property including the nature and occupation
25
of the property. In addition to this, the Court may also appoint a
Receiver under Order XL Rule 1 to secure the status of the
property during the pendency of the suit or while passing a
decree.
b) Issue public notice specifying the suit property and
inviting claims, if any, that any person who is in possession of
the suit property or claims possession of the suit property or
has any right, title or interest in the said property specifically
stating that if the objections are not raised at this stage, no
party shall be allowed to raise any objection in respect of any
claim he/she may have subsequently.
c) Affix such notice on the said property.
d) Issue such notice specifying suit number etc. and the
Court in which it is pending including details of the suit
property and have the same published on the official website of
the Court.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
38. Based on the report of the Commissioner or an application
made in that regard, the Court may proceed to add necessary or
proper parties under Order I Rule 10. The Court may permit
26
objectors or claimants upon joining as a party in exercise of power
under Order I Rule 10, make a joinder order under Order II Rule 3,
permitting such parties to file a written statement along with
documents and lists of witnesses and proceed with the suit.
39.
If the above suggested recourse is taken and subsequently if
an objection is received in respect of “suit property” under Order
XXI Rule 97 or Rule 99 of CPC at the stage of execution of the
decree, the Executing Court shall deal with it after taking into
account the fact that no such objection or claim was received
during the pendency of the suit, especially in view of the public
notice issued during trial. Such claims under Order XXI Rule 97 or
Rule 99 must be dealt strictly and be considered/entertained
rarely.
In <cite>Ghan Shyam Das Gupta v. Anant Kumar Sinha16</cite>, this
40.
Court had observed that the provisions of the Code as regards
execution are of superior judicial quality than what is generally
available under the other statutes and the Judge, being entrusted
exclusively with administration of justice, is expected to do better.
With pragmatic approach and judicial interpretations, the Court
must not allow the judgment debtor or any person instigated or
16 AIR 1991 SC 2251
27
raising frivolous claim to delay the execution of the decree. For
example, in suits relating to money claim, the Court, may on the
application of the plaintiff or on its own motion using the inherent
powers under Section 151, under the circumstances, direct the
defendant to provide security before further progress of the suit.
The consequences of non-compliance of any of these directions
may be found in Order XVII Rule 3. | <para>
38. Based on the report of the Commissioner or an application
made in that regard, the Court may proceed to add necessary or
proper parties under Order I Rule 10. The Court may permit
26
objectors or claimants upon joining as a party in exercise of power
under Order I Rule 10, make a joinder order under Order II Rule 3,
permitting such parties to file a written statement along with
documents and lists of witnesses and proceed with the suit.
39.
If the above suggested recourse is taken and subsequently if
an objection is received in respect of “suit property” under Order
XXI Rule 97 or Rule 99 of CPC at the stage of execution of the
decree, the Executing Court shall deal with it after taking into
account the fact that no such objection or claim was received
during the pendency of the suit, especially in view of the public
notice issued during trial. Such claims under Order XXI Rule 97 or
Rule 99 must be dealt strictly and be considered/entertained
rarely.
</para>
<para>
In <cite>Ghan Shyam Das Gupta v. Anant Kumar Sinha16</cite>, this
40.
Court had observed that the provisions of the Code as regards
execution are of superior judicial quality than what is generally
available under the other statutes and the Judge, being entrusted
exclusively with administration of justice, is expected to do better.
With pragmatic approach and judicial interpretations, the Court
must not allow the judgment debtor or any person instigated or
16 AIR 1991 SC 2251
27
raising frivolous claim to delay the execution of the decree. For
example, in suits relating to money claim, the Court, may on the
application of the plaintiff or on its own motion using the inherent
powers under Section 151, under the circumstances, direct the
defendant to provide security before further progress of the suit.
The consequences of non-compliance of any of these directions
may be found in Order XVII Rule 3.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
41. Having regard to the above background, wherein there is
urgent need to reduce delays in the execution proceedings we
deem it appropriate to issue few directions to do complete justice.
These directions are in exercise of our jurisdiction under Article
142 read with Article 141 and Article 144 of the Constitution of
India in larger public interest to subserve the process of justice so
as to bring to an end the unnecessary ordeal of litigation faced by
parties awaiting fruits of decree and in larger perspective
affecting the faith of the litigants in the process of law.
42. All Courts dealing with suits and execution proceedings shall
mandatorily follow the below-mentioned directions:
28
In suits relating to delivery of possession, the court
1.
must examine the parties to the suit under Order X in
relation to third
party interest and further exercise the power under
2.
Order XI Rule 14 asking parties to disclose and produce
documents, upon oath, which are in possession of the parties
including declaration pertaining to third party interest in
such properties.
In appropriate cases, where the possession is not in
3.
dispute and not a question of fact for adjudication before the
Court, the Court may appoint Commissioner to assess the
accurate description and status of the property.
After examination of parties under Order X or
4.
production of documents under Order XI or receipt of
commission report, the Court must add all necessary or
proper parties to the suit, so as to avoid multiplicity of
proceedings and also make such joinder of cause of action in
the same suit.
29 | <para>
41. Having regard to the above background, wherein there is
urgent need to reduce delays in the execution proceedings we
deem it appropriate to issue few directions to do complete justice.
These directions are in exercise of our jurisdiction under Article
142 read with Article 141 and Article 144 of the Constitution of
India in larger public interest to subserve the process of justice so
as to bring to an end the unnecessary ordeal of litigation faced by
parties awaiting fruits of decree and in larger perspective
affecting the faith of the litigants in the process of law.
</para>
<para>
42. All Courts dealing with suits and execution proceedings shall
mandatorily follow the below-mentioned directions:
28
In suits relating to delivery of possession, the court
1.
must examine the parties to the suit under Order X in
relation to third
party interest and further exercise the power under
2.
Order XI Rule 14 asking parties to disclose and produce
documents, upon oath, which are in possession of the parties
including declaration pertaining to third party interest in
such properties.
In appropriate cases, where the possession is not in
3.
dispute and not a question of fact for adjudication before the
Court, the Court may appoint Commissioner to assess the
accurate description and status of the property.
After examination of parties under Order X or
4.
production of documents under Order XI or receipt of
commission report, the Court must add all necessary or
proper parties to the suit, so as to avoid multiplicity of
proceedings and also make such joinder of cause of action in
the same suit.
29
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
Under Order XL Rule 1 of CPC, a Court Receiver can be
5.
appointed to monitor the status of the property in question
as custodia legis for proper adjudication of the matter.
The Court must, before passing the decree,
6.
pertaining to
delivery of possession of a property ensure that the
7.
decree is unambiguous so as to not only contain clear
description of the property but also having regard to the
status of the property. | <para>
Under Order XL Rule 1 of CPC, a Court Receiver can be
5.
appointed to monitor the status of the property in question
as custodia legis for proper adjudication of the matter.
</para>
<para>
The Court must, before passing the decree,
6.
pertaining to
delivery of possession of a property ensure that the
7.
decree is unambiguous so as to not only contain clear
description of the property but also having regard to the
status of the property.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
In a money suit, the Court must invariably resort to
8.
Order XXI Rule 11, ensuring immediate execution of decree
for payment of money on oral application.
In a suit for payment of money, before settlement of
9.
issues, the defendant may be required to disclose his assets
on oath, to the extent that he is being made liable in a suit.
The Court may further, at any stage, in appropriate cases
during the pendency of suit, using powers under Section 151
CPC, demand security to ensure satisfaction of any decree.
30 | <para>
In a money suit, the Court must invariably resort to
8.
Order XXI Rule 11, ensuring immediate execution of decree
for payment of money on oral application.
</para>
<para>
In a suit for payment of money, before settlement of
9.
issues, the defendant may be required to disclose his assets
on oath, to the extent that he is being made liable in a suit.
The Court may further, at any stage, in appropriate cases
during the pendency of suit, using powers under Section 151
CPC, demand security to ensure satisfaction of any decree.
30
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
10. The Court exercising jurisdiction under Section 47 or
under Order XXI of CPC, must not issue notice on an
application of third-party claiming rights in a mechanical
manner. Further, the Court should refrain from entertaining
any such application(s) that has already been considered by
the Court while adjudicating the suit or which raises any
such issue which otherwise could have been raised and
determined during adjudication of suit if due diligence was
exercised by the applicant.
11. The Court should allow taking of evidence during the
execution proceedings only in exceptional and rare cases
where the question of fact could not be decided by resorting
to any other expeditious method like appointment of
Commissioner or calling for electronic materials including
photographs or video with affidavits. | <para>
10. The Court exercising jurisdiction under Section 47 or
under Order XXI of CPC, must not issue notice on an
application of third-party claiming rights in a mechanical
manner. Further, the Court should refrain from entertaining
any such application(s) that has already been considered by
the Court while adjudicating the suit or which raises any
such issue which otherwise could have been raised and
determined during adjudication of suit if due diligence was
exercised by the applicant.
</para>
<para>
11. The Court should allow taking of evidence during the
execution proceedings only in exceptional and rare cases
where the question of fact could not be decided by resorting
to any other expeditious method like appointment of
Commissioner or calling for electronic materials including
photographs or video with affidavits.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
12. The Court must in appropriate cases where it finds the
objection or resistance or claim to be frivolous or mala fide,
resort to Sub-rule (2) of Rule 98 of Order XXI as well as grant
compensatory costs in accordance with Section 35A.
31
13. Under section 60 of CPC the term “…in name of the
judgment- debtor or by another person in trust for him or on
his behalf” should be read liberally to incorporate any other
person from whom he may have the ability to derive share,
profit or property. | <para>
12. The Court must in appropriate cases where it finds the
objection or resistance or claim to be frivolous or mala fide,
resort to Sub-rule (2) of Rule 98 of Order XXI as well as grant
compensatory costs in accordance with Section 35A.
31
</para>
<para>
13. Under section 60 of CPC the term “…in name of the
judgment- debtor or by another person in trust for him or on
his behalf” should be read liberally to incorporate any other
person from whom he may have the ability to derive share,
profit or property.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
14. The Executing Court must dispose of the Execution
Proceedings within six months from the date of filing, which
may be extended only by recording reasons in writing for
such delay.
15. The Executing Court may on satisfaction of the fact that
it is not possible to execute the decree without police
assistance, direct the concerned Police Station to provide
police assistance to such officials who are working towards
execution of the decree. Further, in case an offence against
the public servant while discharging his duties is brought to
the knowledge of the Court, the same must be dealt
stringently in accordance with law. | <para>
14. The Executing Court must dispose of the Execution
Proceedings within six months from the date of filing, which
may be extended only by recording reasons in writing for
such delay.
</para>
<para>
15. The Executing Court may on satisfaction of the fact that
it is not possible to execute the decree without police
assistance, direct the concerned Police Station to provide
police assistance to such officials who are working towards
execution of the decree. Further, in case an offence against
the public servant while discharging his duties is brought to
the knowledge of the Court, the same must be dealt
stringently in accordance with law.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
16. The Judicial Academies must prepare manuals and
ensure continuous training through appropriate mediums to
32
the Court personnel/staff executing the warrants, carrying
out attachment and sale and any other official duties for
executing orders issued by the Executing Courts.
43. We further direct all the High Courts to reconsider and
update all the Rules relating to Execution of Decrees, made under
exercise of its powers under Article 227 of the Constitution of
India and Section 122 of CPC, within one year of the date of this
Order. The High Courts must ensure that the Rules are in
consonance with CPC and the above directions, with an
endeavour to expedite the process of execution with the use of
Information Technology tools. Until such time these Rules are
brought into existence, the above directions shall remain
enforceable.
44. The appeals stand dismissed. | <para>
16. The Judicial Academies must prepare manuals and
ensure continuous training through appropriate mediums to
32
the Court personnel/staff executing the warrants, carrying
out attachment and sale and any other official duties for
executing orders issued by the Executing Courts.
</para>
<para>
43. We further direct all the High Courts to reconsider and
update all the Rules relating to Execution of Decrees, made under
exercise of its powers under Article 227 of the Constitution of
India and Section 122 of CPC, within one year of the date of this
Order. The High Courts must ensure that the Rules are in
consonance with CPC and the above directions, with an
endeavour to expedite the process of execution with the use of
Information Technology tools. Until such time these Rules are
brought into existence, the above directions shall remain
enforceable.
44. The appeals stand dismissed.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
The Judgment of the Court was delivered by
Sikri, C. J.-This appeal by special leave is against the
order of the Central Registrar of Cooperative Societies New
Delhi dismissing the appeal filed by Panchshila Industrial
Cooperative Society (Multi Unit) appellant before us against
the award passed by the Arbitrator (Deputy Registrar of
Cooperative Societies Rohtak) dated October 7, 1969, in
respect of the dispute between the Gurgaon Central
Cooperative Bank Ltd., Gurgaon respondent before us, and the
appellant. The Central Registrar held that he was not the
appropriate appellate authority against the award in
question.
The only question which arises before us is whether the
Central Registrar was the appropriate authority on the facts
of this case. The relevant facts are these. The respondent
Bank approached the Registrar of Cooperative Societies
Haryana for resolving a dispute between the Bank and one of
its members appellant before us. The Registrar by his order
dated February 17, 1968, in exercise of the powers vested in
him under S. 56 of the Punjab Co-operative Societies Act,
1961, referred the dispute to the Deputy Registrar
Cooperative Societies Rohtak for decision. The arbitrator
gave the award on October 7, 1969, directing that the
appellant do pay to the respondent in all Rs. 16,05,658 - 20
together with interest at the rate of six and a half per
cent per annum until the realisation of the principal amount
viz. Rs. 11,52,535 00. | <para>
The Judgment of the Court was delivered by
Sikri, C. J.-This appeal by special leave is against the
order of the Central Registrar of Cooperative Societies New
Delhi dismissing the appeal filed by Panchshila Industrial
Cooperative Society (Multi Unit) appellant before us against
the award passed by the Arbitrator (Deputy Registrar of
Cooperative Societies Rohtak) dated October 7, 1969, in
respect of the dispute between the Gurgaon Central
Cooperative Bank Ltd., Gurgaon respondent before us, and the
appellant. The Central Registrar held that he was not the
appropriate appellate authority against the award in
question.
</para>
<para>
The only question which arises before us is whether the
Central Registrar was the appropriate authority on the facts
of this case. The relevant facts are these. The respondent
Bank approached the Registrar of Cooperative Societies
Haryana for resolving a dispute between the Bank and one of
its members appellant before us. The Registrar by his order
dated February 17, 1968, in exercise of the powers vested in
him under S. 56 of the Punjab Co-operative Societies Act,
1961, referred the dispute to the Deputy Registrar
Cooperative Societies Rohtak for decision. The arbitrator
gave the award on October 7, 1969, directing that the
appellant do pay to the respondent in all Rs. 16,05,658 - 20
together with interest at the rate of six and a half per
cent per annum until the realisation of the principal amount
viz. Rs. 11,52,535 00.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
The appellant as mentioned above filed an appeal against
this award before the Central Registrar. The respondent
Bank is a co-operative society governed by the provisions of
the Punjab Co-operative Societies Act 1961. Section 55(1)
of this Act inter alia provides that if any dispute touching
the constitution management or the business of a co-
operative society arises between a member
46
and the society such dispute shall be referred to the Re-
gistrar for decision and no Court shall have jurisdiction to
entertain any suit or other proceeding in respect of such
dispute. Section 55(2) provides that for the purposes of
sub-section (1) a claim by the society for any debt or de-
mand due to it from a member or the nominee heirs or legal
representatives of a deceased member whether such debt or
demand be admitted or not, shall be deemed to be a dispute
touching the constitution, management or the business of the
co-operative society. Sub-section (3) of S. 55 provides
that "if any question arises whether a dispute referred to
the Registrar under this section is or is not a dispute
touching the constitution management or the business of a
cooperative society, the decision thereon of the Registrar
shall be final and shall not be called in question in any
court."
There is no doubt that the dispute between the respondent
Bank and the appellant fell within S. 55 and was properly
referred to arbitration under that section. It is however,
contended that the appellant was registered in December 1955
under the Punjab Cooperative Societies Act, 1955, and by
virtue of the States Reorganisation Act, 1956, and S. 5A of
the Multi-Unit Co-operative Societies Act, 1942, the
appellant has ceased to be governed by the provisions of the
Punjab Co-operative Societies Act because it has become a
multi-unit co-operative society. There is no doubt that by
virtue of the States Reorganisation Act, 1956, and S. 5A of
the Multi-Unit Co-operative Societies, Act, 1942, the
appellant has become a multi-unit co-operative society and
the Multi-Unit Co-operative Societies Act applies to it.
But that Act is for the incorporation, regulation and
winding up of co-operative societies with objects not
confined to one State, and it has no impact on S. 55 of the
Punjab Co-operative Societies Act, 1961, inasmuch as the
appellant remains a member of the co-operative society,
namely, the respondent Bank. There is nothing in the
provisions of the Multi-Unit Co-operative Societies Act to
indicate that a multi-unit co-operative society cannot be a
member of a co-operative society governed by the Punjab Act
of 1961. If the appellant continues to be a member, then
the terms of S. 55 apply and a dispute can be referred to
arbitration under that section. An appeal against the at
award lies under S. 68 of the Punjab Act of
47
1961 to the Government of the decision or order was made by
the Registrar, and to the Registrar if the decision or order
was made by any other person. It is quite clear therefore,
that the Central Registrar had no jurisdiction to hear the
appeal. | <para>
The appellant as mentioned above filed an appeal against
this award before the Central Registrar. The respondent
Bank is a co-operative society governed by the provisions of
the Punjab Co-operative Societies Act 1961. Section 55(1)
of this Act inter alia provides that if any dispute touching
the constitution management or the business of a co-
operative society arises between a member
46
and the society such dispute shall be referred to the Re-
gistrar for decision and no Court shall have jurisdiction to
entertain any suit or other proceeding in respect of such
dispute. Section 55(2) provides that for the purposes of
sub-section (1) a claim by the society for any debt or de-
mand due to it from a member or the nominee heirs or legal
representatives of a deceased member whether such debt or
demand be admitted or not, shall be deemed to be a dispute
touching the constitution, management or the business of the
co-operative society. Sub-section (3) of S. 55 provides
that "if any question arises whether a dispute referred to
the Registrar under this section is or is not a dispute
touching the constitution management or the business of a
cooperative society, the decision thereon of the Registrar
shall be final and shall not be called in question in any
court."
</para>
<para>
There is no doubt that the dispute between the respondent
Bank and the appellant fell within S. 55 and was properly
referred to arbitration under that section. It is however,
contended that the appellant was registered in December 1955
under the Punjab Cooperative Societies Act, 1955, and by
virtue of the States Reorganisation Act, 1956, and S. 5A of
the Multi-Unit Co-operative Societies Act, 1942, the
appellant has ceased to be governed by the provisions of the
Punjab Co-operative Societies Act because it has become a
multi-unit co-operative society. There is no doubt that by
virtue of the States Reorganisation Act, 1956, and S. 5A of
the Multi-Unit Co-operative Societies, Act, 1942, the
appellant has become a multi-unit co-operative society and
the Multi-Unit Co-operative Societies Act applies to it.
But that Act is for the incorporation, regulation and
winding up of co-operative societies with objects not
confined to one State, and it has no impact on S. 55 of the
Punjab Co-operative Societies Act, 1961, inasmuch as the
appellant remains a member of the co-operative society,
namely, the respondent Bank. There is nothing in the
provisions of the Multi-Unit Co-operative Societies Act to
indicate that a multi-unit co-operative society cannot be a
member of a co-operative society governed by the Punjab Act
of 1961. If the appellant continues to be a member, then
the terms of S. 55 apply and a dispute can be referred to
arbitration under that section. An appeal against the at
award lies under S. 68 of the Punjab Act of
47
1961 to the Government of the decision or order was made by
the Registrar, and to the Registrar if the decision or order
was made by any other person. It is quite clear therefore,
that the Central Registrar had no jurisdiction to hear the
appeal.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
The learned counsel next contends that the Central
Registrar should not have dismissed the appeal but returned
the memorandum of appeal for presentation to the proper
authority. There is no statutory provision enabling the
Central Registrar to do so. At any rate, if an appeal is
filed before the appropriate authority under the Punjab Co-
operative Societies Act, 1961, that authority will no doubt
take into consideration the provisions of S. 14 of the
Limitation Act, 1963, read with S. 29(2) and decide whether
the appeal should be entertained or not.
In the result the appeal fails and is dismissed with costs.
K.B.N. Appeal dismissed.
48 | <para>
The learned counsel next contends that the Central
Registrar should not have dismissed the appeal but returned
the memorandum of appeal for presentation to the proper
authority. There is no statutory provision enabling the
Central Registrar to do so. At any rate, if an appeal is
filed before the appropriate authority under the Punjab Co-
operative Societies Act, 1961, that authority will no doubt
take into consideration the provisions of S. 14 of the
Limitation Act, 1963, read with S. 29(2) and decide whether
the appeal should be entertained or not.
</para>
<para>
In the result the appeal fails and is dismissed with costs.
K.B.N. Appeal dismissed.
48
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
The challenge in the present appeal is to an order passed by the National
Consumer Disputes Redressal Commission1 on 02.11.2015 whereby the original
Opposite Party No. 3 (Respondent No. 1 herein) was absolved of the damages of
Rs. 2,00,000/- imposed by State Consumer Disputes Redressal Commission2 vide
order dated 12.11.2014.
2.
Sanjay Kumar aged about 15 years, son of the Appellant complained of
abdominal pain, fever and haemorrhage in both eyes. Initially, the Appellant had
taken his son to a physician Dr. Arun Tiwari on 08.11.1995 who advised some
tests and medicines. He was advised to consult with the specialist as well. After
1 NCDRC
2 SCDRC
1
examining the blood report, Dr. Arun Tiwari referred the patient to the Kurji Holy
Family Hospital-original Opposite Party No. 1 on 10.11.1995. He was taken to the
Hospital at about 8.00 PM. The recorded history of the patient is as under:
“A 15 years old male patient is admitted in 3A-7 with the
complaints of fever, pain abdomen and hemorrhage from
both eyes since 5 days.” | <para>
The challenge in the present appeal is to an order passed by the National
Consumer Disputes Redressal Commission1 on 02.11.2015 whereby the original
Opposite Party No. 3 (Respondent No. 1 herein) was absolved of the damages of
Rs. 2,00,000/- imposed by State Consumer Disputes Redressal Commission2 vide
order dated 12.11.2014.
</para>
<para>
2.
Sanjay Kumar aged about 15 years, son of the Appellant complained of
abdominal pain, fever and haemorrhage in both eyes. Initially, the Appellant had
taken his son to a physician Dr. Arun Tiwari on 08.11.1995 who advised some
tests and medicines. He was advised to consult with the specialist as well. After
1 NCDRC
2 SCDRC
1
examining the blood report, Dr. Arun Tiwari referred the patient to the Kurji Holy
Family Hospital-original Opposite Party No. 1 on 10.11.1995. He was taken to the
Hospital at about 8.00 PM. The recorded history of the patient is as under:
“A 15 years old male patient is admitted in 3A-7 with the
complaints of fever, pain abdomen and hemorrhage from
both eyes since 5 days.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
3.
The patient was operated upon on 11.11.1995 when the platelets count was
35000 per cubic millimeter (cu.mm) at about 11.15 AM. Before the surgery, the
patient was transfused with two units of blood and after the surgery another two
units of blood were transfused. Since the patient was bleeding and in spite of
packing of leakages, the relatives of the patient took discharge from the Kurji Holy
Family Hospital at about 2.00 PM on 13.11.1995. On the same date, the patient
was admitted to Patna Medical College and Hospital (PMCH) where the patient
died on 16.11.1995.
4.
In consumer complaint under the Consumer Protection Act, 19863, the
Appellant produced an affidavit of Dr. Hare Ram Singh, then posted in Jharkhand
State Assembly at Russian Hostel, Dhurwa, P.S. Jaganathpur, District Ranchi. Dr.
Hare Ram Singh opined that Bleeding Time (BT) was 3’ 00” against normal value
of 2-4 seconds and Clotting Time (CT) was 5’ 00” against normal value of 3-6
seconds. The affidavit further states that there was a second test which shows that
the platelets decreased excessively and there were very few plasma cells present.
There was another test conducted before surgery, showing platelets count as
35000 per cu. mm. Dr. Hare Ram Singh was of the opinion that to operate the
patient with excessive low platelets count was the greatest blunder and clear case
of extreme negligence of doctors.
3 1986 Act
2 | <para>
3.
The patient was operated upon on 11.11.1995 when the platelets count was
35000 per cubic millimeter (cu.mm) at about 11.15 AM. Before the surgery, the
patient was transfused with two units of blood and after the surgery another two
units of blood were transfused. Since the patient was bleeding and in spite of
packing of leakages, the relatives of the patient took discharge from the Kurji Holy
Family Hospital at about 2.00 PM on 13.11.1995. On the same date, the patient
was admitted to Patna Medical College and Hospital (PMCH) where the patient
died on 16.11.1995.
</para>
<para>
4.
In consumer complaint under the Consumer Protection Act, 19863, the
Appellant produced an affidavit of Dr. Hare Ram Singh, then posted in Jharkhand
State Assembly at Russian Hostel, Dhurwa, P.S. Jaganathpur, District Ranchi. Dr.
Hare Ram Singh opined that Bleeding Time (BT) was 3’ 00” against normal value
of 2-4 seconds and Clotting Time (CT) was 5’ 00” against normal value of 3-6
seconds. The affidavit further states that there was a second test which shows that
the platelets decreased excessively and there were very few plasma cells present.
There was another test conducted before surgery, showing platelets count as
35000 per cu. mm. Dr. Hare Ram Singh was of the opinion that to operate the
patient with excessive low platelets count was the greatest blunder and clear case
of extreme negligence of doctors.
3 1986 Act
2
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5.
The surgery was performed on 11.11.1995 at about 11.15 AM. The post-
operative note of the operating team reads as under:
“Name(s) of Operation(s) : Exp.Lap. & Extraction of R.W.
Operative Findings: Numerous R.W. in the small gut with
yellowish collection of fluid in the peritoneal cavity.
Procedure: The abdomen was opened by midline incision
above and below the umbilicus. The peritoneal cavity was
found to contain yellowish fluid a small amount of which
was collected and sent for c/s & biomedical examination.
The small gut was found to contain many round worms.
They were collected at one place and extracted out by
making a nick in the gut. The wound was closed in layers.
A rubber corrugated drain was placed in the peritoneal
cavity. The abdomen was closed in one layer by vieryl.
skin was left open.”
6.
Learned SCDRC found that the patient was haemophilic and not peritonitis
as diagnosed by the Respondents. However, since the platelets count was 35000
per cu.mm against normal range of 1.5 lakhs to 4 lakhs per cu. mm, the Operating
Surgeon was medically negligent in operating patient when the platelets count was
so low. Thus, the opposite party was found negligent in carrying out surgery. The
SCDRC awarded a sum of Rs. 4,00,000/- as compensation to be paid by the Kurji
Holy Family Hospital-Opposite Party No.1 and Rs. 2,00,000/- by the Opposite
Party No.3-Operating Surgeon with 6 percent simple interest, apart from Rs.
32,000/- as expenditure incurred in medical treatment and the litigation costs of
Rs. 25,000/-. In appeal by the Operating Surgeon, the amount of compensation
awarded against Operating Surgeon was set aside by NCDRC. | <para>
5.
The surgery was performed on 11.11.1995 at about 11.15 AM. The post-
operative note of the operating team reads as under:
“Name(s) of Operation(s) : Exp.Lap. & Extraction of R.W.
Operative Findings: Numerous R.W. in the small gut with
yellowish collection of fluid in the peritoneal cavity.
Procedure: The abdomen was opened by midline incision
above and below the umbilicus. The peritoneal cavity was
found to contain yellowish fluid a small amount of which
was collected and sent for c/s & biomedical examination.
The small gut was found to contain many round worms.
They were collected at one place and extracted out by
making a nick in the gut. The wound was closed in layers.
A rubber corrugated drain was placed in the peritoneal
cavity. The abdomen was closed in one layer by vieryl.
skin was left open.”
</para>
<para>
6.
Learned SCDRC found that the patient was haemophilic and not peritonitis
as diagnosed by the Respondents. However, since the platelets count was 35000
per cu.mm against normal range of 1.5 lakhs to 4 lakhs per cu. mm, the Operating
Surgeon was medically negligent in operating patient when the platelets count was
so low. Thus, the opposite party was found negligent in carrying out surgery. The
SCDRC awarded a sum of Rs. 4,00,000/- as compensation to be paid by the Kurji
Holy Family Hospital-Opposite Party No.1 and Rs. 2,00,000/- by the Opposite
Party No.3-Operating Surgeon with 6 percent simple interest, apart from Rs.
32,000/- as expenditure incurred in medical treatment and the litigation costs of
Rs. 25,000/-. In appeal by the Operating Surgeon, the amount of compensation
awarded against Operating Surgeon was set aside by NCDRC.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
7.
The NCDRC though held the Opposite Party No. 3 wee bit negligent but, it
found that the amount of compensation awarded by the SCDRC and paid by the
3
Kurji Holy Family Hospital is just a proper compensation. The Operating Surgeon
was warned to be careful in future.
8.
The argument of the learned counsel for the Appellant is that it is a case of
sheer medical negligence in operating the son of the Appellant even though he
had low platelet count as 35000 cu.mm as against normal platelet count of 1.5
lakhs cu.mm to 4 lakhs cu. mm. | <para>
7.
The NCDRC though held the Opposite Party No. 3 wee bit negligent but, it
found that the amount of compensation awarded by the SCDRC and paid by the
3
Kurji Holy Family Hospital is just a proper compensation. The Operating Surgeon
was warned to be careful in future.
</para>
<para>
8.
The argument of the learned counsel for the Appellant is that it is a case of
sheer medical negligence in operating the son of the Appellant even though he
had low platelet count as 35000 cu.mm as against normal platelet count of 1.5
lakhs cu.mm to 4 lakhs cu. mm.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
9.
On the other hand, learned counsel for the Respondents argued that when
the patient was admitted on 10.11.1995, there was haemorrhage in both eyes for
the last five days. After admission as per the affidavit of Dr. Hare Ram Singh, the
first BT and CT test were done at about 8.55 pm (pg. 23 of paper book) which was
quite low. The second test which was higher than the normal bleeding and clotting
time was conducted at 7.30 AM on 11.11.1995 (pg. 24 of paper book). Another test
was conducted at 9.00 AM on 11.11.1995 (pg. 25 of paper book). The last test
before the surgery was conducted at 10.30 AM.
10.
It is thus, contended that the patient was in difficult and critical medical
condition. Therefore, the option with the Surgeon was to try to save life by
removing the round worms and transfuse blood to facilitate recovery of the patient.
It was bona fide decision taken by the Operating Surgeon in the situation in which
the patient was. Therefore, performing of surgery on 11.11.1995 at 11.15 AM is not
a case of medical negligence. | <para>
9.
On the other hand, learned counsel for the Respondents argued that when
the patient was admitted on 10.11.1995, there was haemorrhage in both eyes for
the last five days. After admission as per the affidavit of Dr. Hare Ram Singh, the
first BT and CT test were done at about 8.55 pm (pg. 23 of paper book) which was
quite low. The second test which was higher than the normal bleeding and clotting
time was conducted at 7.30 AM on 11.11.1995 (pg. 24 of paper book). Another test
was conducted at 9.00 AM on 11.11.1995 (pg. 25 of paper book). The last test
before the surgery was conducted at 10.30 AM.
</para>
<para>
10.
It is thus, contended that the patient was in difficult and critical medical
condition. Therefore, the option with the Surgeon was to try to save life by
removing the round worms and transfuse blood to facilitate recovery of the patient.
It was bona fide decision taken by the Operating Surgeon in the situation in which
the patient was. Therefore, performing of surgery on 11.11.1995 at 11.15 AM is not
a case of medical negligence.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
11.
It is contented that the affidavit of Dr. Hare Ram Singh is in respect of
reports immediately before the surgery but there is no report in respect of the
medical condition of the patient at the time of his admission to the Kurji Holy
Family Hospital. Therefore, the affidavit of Dr. Hare Ram Singh is not the complete
evidence as without reporting about the condition of the patient at the time of
4
admission, it is not possible for another doctor to report whether the action of
Operating Surgeon was negligent or not.
12.
At the time of admission, the recorded history of the patient is complaint of
pain in abdomen, fever and haemorrhage in both eyes for the past five days.
However, there is no evidence of critical condition of the patient to be operated
upon even with low platelet count. The surgery to remove round worms is not
proved to be of immediate necessity to save life of a patient who had critical
platelet count. In the absence of any evidence that the surgery was the only life
saving option available at that time, the action to operate upon the patient cannot
be said to be prudent decision. This Court recently in <cite>Arun Kumar Manglik v.
Chirayu Medical Health and Medicare Private Ltd.</cite>4 held as under:-
The
threshold
unreasonable.
“53. In the practice of medicine, there could be varying
approaches to treatment. There can be a genuine
difference of opinion. However, while adopting a course of
treatment, the medical professional must ensure that it is
not
to prove
unreasonableness is set with due regard to the risks
associated with medical treatment and the conditions
under which medical professionals function. This is to
avoid a situation where doctors resort to ‘defensive
medicine’ to avoid claims of negligence, often to the
detriment of the patient. Hence, in a specific case where
unreasonableness in professional conduct has been
proven with regard to the circumstances of that case, a
professional cannot escape liability for medical evidence
merely by relying on a body of professional opinion.” | <para>
11.
It is contented that the affidavit of Dr. Hare Ram Singh is in respect of
reports immediately before the surgery but there is no report in respect of the
medical condition of the patient at the time of his admission to the Kurji Holy
Family Hospital. Therefore, the affidavit of Dr. Hare Ram Singh is not the complete
evidence as without reporting about the condition of the patient at the time of
4
admission, it is not possible for another doctor to report whether the action of
Operating Surgeon was negligent or not.
</para>
<para>
12.
At the time of admission, the recorded history of the patient is complaint of
pain in abdomen, fever and haemorrhage in both eyes for the past five days.
However, there is no evidence of critical condition of the patient to be operated
upon even with low platelet count. The surgery to remove round worms is not
proved to be of immediate necessity to save life of a patient who had critical
platelet count. In the absence of any evidence that the surgery was the only life
saving option available at that time, the action to operate upon the patient cannot
be said to be prudent decision. This Court recently in <cite>Arun Kumar Manglik v.
Chirayu Medical Health and Medicare Private Ltd.</cite>4 held as under:-
The
threshold
unreasonable.
“53. In the practice of medicine, there could be varying
approaches to treatment. There can be a genuine
difference of opinion. However, while adopting a course of
treatment, the medical professional must ensure that it is
not
to prove
unreasonableness is set with due regard to the risks
associated with medical treatment and the conditions
under which medical professionals function. This is to
avoid a situation where doctors resort to ‘defensive
medicine’ to avoid claims of negligence, often to the
detriment of the patient. Hence, in a specific case where
unreasonableness in professional conduct has been
proven with regard to the circumstances of that case, a
professional cannot escape liability for medical evidence
merely by relying on a body of professional opinion.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
13.
In fact, this Court in <cite>Kusum Sharma and Others v. Batra Hospital and
Medical Research Centre and Others5</cite>, held that the “Doctors in complicated
cases have to take chance even if the rate of survival is low. The professional
should be held liable for his act or omission, if negligent; is to make life safer and
to eliminate the possibility of recurrence of negligence in future”. But, in the
4 <cite>2019 SCC OnLine SC 197
5 (2010) 3 SCC 480</cite>
5
absence of any evidence that the surgery was the only option even with low blood
platelets, the finding of negligence of the operating surgeon cannot be ignored.
14.
Thus, we find that it is a case of unreasonable decision of the Operating
Surgeon to operate and not a case of “bit negligent” so as to absolve the surgeon
from the allegation of medical negligence. Consequently, the finding of NCDRC to
that extent is set aside. | <para>
13.
In fact, this Court in <cite>Kusum Sharma and Others v. Batra Hospital and
Medical Research Centre and Others5</cite>, held that the “Doctors in complicated
cases have to take chance even if the rate of survival is low. The professional
should be held liable for his act or omission, if negligent; is to make life safer and
to eliminate the possibility of recurrence of negligence in future”. But, in the
4 <cite>2019 SCC OnLine SC 197
5 (2010) 3 SCC 480</cite>
5
absence of any evidence that the surgery was the only option even with low blood
platelets, the finding of negligence of the operating surgeon cannot be ignored.
</para>
<para>
14.
Thus, we find that it is a case of unreasonable decision of the Operating
Surgeon to operate and not a case of “bit negligent” so as to absolve the surgeon
from the allegation of medical negligence. Consequently, the finding of NCDRC to
that extent is set aside.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
15.
In respect of amount of compensation, the NCDRC held that sum of
Rs.4,00,000/- awarded by the SCDRC against the Hospital is just compensation.
The appellant relies upon judgment of this court reported as <cite>V. Krishnakumar v.
State of Tamil Nadu and Others6</cite> to claim enhanced amount of compensation. In
the said case of medical negligence at the time of delivery of a baby girl born to
middle class family, this Court held as under:-
“19. The principle of awarding compensation that can be
safely relied on is restitutio in integrum. This principle has
been recognised and relied on in <cite>Malay Kumar Ganguly v.
Sukumar Mukherjee</cite> 7 and in <cite>Balram Prasad case</cite>8, in the
following passage from the latter: (Malay Kumar Ganguly
case, SCC p. 282, para 170)
“170. Indisputably, grant of compensation
involving an accident is within the realm of law
of torts. It is based on the principle of restitutio
in integrum. The said principle provides that a
person entitled to damages should, as nearly
as possible, get that sum of money which
would put him in the same position as he
would have been if he had not sustained the
wrong. (See Livingstone v. Rawyards Coal
Co9)”
An application of this principle is that the aggrieved
person should get that sum of money, which would put
him in the same position if he had not sustained the
wrong. It must necessarily result in compensating the
6 (2015) 9 SCC 388
7 (2009) 9 SCC 221
8 (2014) 1 SCC 384
9 (1880) LR 5 AC 25 (HL)
6
aggrieved person for the financial loss suffered due to the
event, the pain and suffering undergone and the liability
that he/she would have to incur due to the disability
caused by the event.” | <para>
15.
In respect of amount of compensation, the NCDRC held that sum of
Rs.4,00,000/- awarded by the SCDRC against the Hospital is just compensation.
The appellant relies upon judgment of this court reported as <cite>V. Krishnakumar v.
State of Tamil Nadu and Others6</cite> to claim enhanced amount of compensation. In
the said case of medical negligence at the time of delivery of a baby girl born to
middle class family, this Court held as under:-
“19. The principle of awarding compensation that can be
safely relied on is restitutio in integrum. This principle has
been recognised and relied on in <cite>Malay Kumar Ganguly v.
Sukumar Mukherjee</cite> 7 and in <cite>Balram Prasad case</cite>8, in the
following passage from the latter: (Malay Kumar Ganguly
case, SCC p. 282, para 170)
“170. Indisputably, grant of compensation
involving an accident is within the realm of law
of torts. It is based on the principle of restitutio
in integrum. The said principle provides that a
person entitled to damages should, as nearly
as possible, get that sum of money which
would put him in the same position as he
would have been if he had not sustained the
wrong. (See Livingstone v. Rawyards Coal
Co9)”
</para>
<para>
An application of this principle is that the aggrieved
person should get that sum of money, which would put
him in the same position if he had not sustained the
wrong. It must necessarily result in compensating the
6 (2015) 9 SCC 388
7 (2009) 9 SCC 221
8 (2014) 1 SCC 384
9 (1880) LR 5 AC 25 (HL)
6
aggrieved person for the financial loss suffered due to the
event, the pain and suffering undergone and the liability
that he/she would have to incur due to the disability
caused by the event.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
16.
In a Judgment of this Court reported as <cite>National Insurance Company
Limited v. Pranay Sethi and Others10</cite>, a Constitution Bench has laid down
parameters for the grant of compensation in respect of claims arising out of Motor
Vehicular accidents as just compensation has to be determined on the foundation
of fairness, reasonableness and equitability on acceptable legal standard because
such determination can never be in arithmetical exactitude. The Court held as
under:-
“55. Section 168 of the Act deals with the concept of "just
compensation" and the same has to be determined on the
foundation of fairness, reasonableness and equitability on
acceptable legal standard because such determination
can never be in arithmetical exactitude. It can never be
perfect. The aim is to achieve an acceptable degree of
proximity to arithmetical precision on the basis of
materials brought on record in an individual case. The
conception of "just compensation" has to be viewed
through the prism of fairness, reasonableness and non-
violation of the principle of equitability. In a case of death,
the legal heirs of the claimants cannot expect a windfall.
Simultaneously, the compensation granted cannot be an
apology for compensation. It cannot be a pittance.
Though the discretion vested in the tribunal is quite wide,
yet it is obligatory on the part of the tribunal to be guided
by the expression, that is, "just compensation". The
determination has to be on the foundation of evidence
brought on record as regards the age and income of the
deceased and thereafter the apposite multiplier to be
applied. The formula relating to multiplier has been clearly
stated in Sarla Verma11 and it has been approved in
Reshma Kumari12. The age and income, as stated earlier,
have to be established by adducing evidence. The
tribunal and the courts have to bear in mind that the basic
principle lies in pragmatic computation which is in
10 (2017) 16 SCC 680
11 (2009) 6 SCC 121
12 (2013) 9 SCC 65
7
proximity to reality. It is a well-accepted norm that money
cannot substitute a life lost but an effort has to be made
for grant of just compensation having uniformity of
approach. There has to be a balance between the two
extremes, that is, a windfall and the pittance, a bonanza
and the modicum. In such an adjudication, the duty of the
tribunal and the courts is difficult and hence, an
endeavour has been made by this Court for
standardisation which in its ambit includes addition of
future prospects on the proven income at present. As far
as future prospects are concerned, there has been
standardisation keeping in view the principle of certainty,
stability and consistency. We approve the principle of
"standardisation" so that a specific and certain
multiplicand is determined for applying the multiplier on
the basis of age.”
17.
Thus, the compensation has to be calculated on the basis of twin criteria of
age and income. But in the absence of income of the father or family, there is no
legally acceptable norm available on record for the enhancement of compensation. | <para>
16.
In a Judgment of this Court reported as <cite>National Insurance Company
Limited v. Pranay Sethi and Others10</cite>, a Constitution Bench has laid down
parameters for the grant of compensation in respect of claims arising out of Motor
Vehicular accidents as just compensation has to be determined on the foundation
of fairness, reasonableness and equitability on acceptable legal standard because
such determination can never be in arithmetical exactitude. The Court held as
under:-
“55. Section 168 of the Act deals with the concept of "just
compensation" and the same has to be determined on the
foundation of fairness, reasonableness and equitability on
acceptable legal standard because such determination
can never be in arithmetical exactitude. It can never be
perfect. The aim is to achieve an acceptable degree of
proximity to arithmetical precision on the basis of
materials brought on record in an individual case. The
conception of "just compensation" has to be viewed
through the prism of fairness, reasonableness and non-
violation of the principle of equitability. In a case of death,
the legal heirs of the claimants cannot expect a windfall.
Simultaneously, the compensation granted cannot be an
apology for compensation. It cannot be a pittance.
Though the discretion vested in the tribunal is quite wide,
yet it is obligatory on the part of the tribunal to be guided
by the expression, that is, "just compensation". The
determination has to be on the foundation of evidence
brought on record as regards the age and income of the
deceased and thereafter the apposite multiplier to be
applied. The formula relating to multiplier has been clearly
stated in Sarla Verma11 and it has been approved in
Reshma Kumari12. The age and income, as stated earlier,
have to be established by adducing evidence. The
tribunal and the courts have to bear in mind that the basic
principle lies in pragmatic computation which is in
10 (2017) 16 SCC 680
11 (2009) 6 SCC 121
12 (2013) 9 SCC 65
7
proximity to reality. It is a well-accepted norm that money
cannot substitute a life lost but an effort has to be made
for grant of just compensation having uniformity of
approach. There has to be a balance between the two
extremes, that is, a windfall and the pittance, a bonanza
and the modicum. In such an adjudication, the duty of the
tribunal and the courts is difficult and hence, an
endeavour has been made by this Court for
standardisation which in its ambit includes addition of
future prospects on the proven income at present. As far
as future prospects are concerned, there has been
standardisation keeping in view the principle of certainty,
stability and consistency. We approve the principle of
"standardisation" so that a specific and certain
multiplicand is determined for applying the multiplier on
the basis of age.”
</para>
<para>
17.
Thus, the compensation has to be calculated on the basis of twin criteria of
age and income. But in the absence of income of the father or family, there is no
legally acceptable norm available on record for the enhancement of compensation.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
18.
The SCDRC has awarded a sum Rs.4,00,000/- as compensation payable
by the Hospital and Rs.2,00,000/- by the Operating Surgeon. The NCDRC found a
sum of Rs. 4,00,000/- as just compensation and absolved the Operating Surgeon
from any liability. When the SCDRC has awarded a sum of Rs. 6,00,000/- as
compensation, the NCDRC should not have interfered with the amount of
compensation but could apportion the amount of compensation payable by the
Operating Surgeon to the Hospital as the liability of Hospital to pay the amount of
compensation is vicarious as the death has occurred during the course of
employment of Operating Surgeon with the said Hospital.
19.
Therefore, we find that the entire amount of Rs.6,00,000/- is payable by the
Hospital which would be just compensation in the facts and circumstances of the
present case. The enhanced amount of compensation of Rs.2,00,000/- shall be
8
paid by the Hospital along with interest at the rate of 6% per annum from the date
of the order passed by SCDRC on 12.11.2014.
20. Thus, the appeal is partly allowed in the manner mentioned above. | <para>
18.
The SCDRC has awarded a sum Rs.4,00,000/- as compensation payable
by the Hospital and Rs.2,00,000/- by the Operating Surgeon. The NCDRC found a
sum of Rs. 4,00,000/- as just compensation and absolved the Operating Surgeon
from any liability. When the SCDRC has awarded a sum of Rs. 6,00,000/- as
compensation, the NCDRC should not have interfered with the amount of
compensation but could apportion the amount of compensation payable by the
Operating Surgeon to the Hospital as the liability of Hospital to pay the amount of
compensation is vicarious as the death has occurred during the course of
employment of Operating Surgeon with the said Hospital.
</para>
<para>
19.
Therefore, we find that the entire amount of Rs.6,00,000/- is payable by the
Hospital which would be just compensation in the facts and circumstances of the
present case. The enhanced amount of compensation of Rs.2,00,000/- shall be
8
paid by the Hospital along with interest at the rate of 6% per annum from the date
of the order passed by SCDRC on 12.11.2014.
</para>
<para>
20. Thus, the appeal is partly allowed in the manner mentioned above.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
1. Feeling aggrieved and dissatisfied with the impugned
judgment and order dated 13.08.2021 passed by the High
Court of Judicature at Madras in O.S.A. No.292 of 2019, by
which the Division Bench of the High Court has dismissed
the said appeal preferred by the original plaintiff rejecting the
plaint/suit filed by the appellant herein – original plaintiff on
the ground that the suit is barred by Section 34 of the
1
SARFAESI Act, 2002, the original plaintiff has preferred the
present appeal.
2. The facts leading to the present appeal in nutshell are as
under:
2.1 That original defendant No.3 respondent No.3 herein
(hereinafter referred to as original defendant No.3) availed the
loan facility vide Rupee Loan Agreement dated 26.07.2011
from defendant No.2 respondent No.2 herein – SREI
Infrastructure Finance Limited and availed the financial
assistance to the extent of Rs.500 crores. The appellant
herein – original plaintiff stood as guarantor. A mortgage was
created by the appellant herein – original plaintiff in favour of
defendant No.2 – respondent No.2 herein – financial creditor
over its factory land at Evalur, Tamil Nadu along with plant
and machinery, by way of deposit of title deeds in terms of
the declaration to secure the repayment, discharge and
redemption by original defendant No.3. That original
defendant No.3 – corporate debtor could not pay the loan
amount, therefore the proceedings under the Insolvency
Bankruptcy Code, 2016 (IBC) was initiated against the
2
corporate debtor. An application under Section 7 of the IBC
was filed by the State Bank of India against original
defendant No.3 – corporate debtor. The default amount was
INR 923,75,00,000/. The resolution process was initiated
and an interim resolution professional was appointed under
the provisions of IBC. A resolution plan came to be approved
by the Committee of Creditors under Section 30(4) of the IBC.
The learned Adjudicating Authority vide order dated
17.04.2018 approved the resolution plan. Under the
approved resolution plan an amount of
INR
241,71,84,839.18 was required to be paid and 67,23,710
equity shares of the corporate debtor were to be allotted. As
per the case on behalf of the plaintiff – appellant herein on
payment of aforesaid amount and transfer of aforesaid shares
No Due Certificate was issued in favour of the corporate
debtor – original defendant No.3 on 25.06.2018 and the
corporate debtor came to be discharged. It appears that
thereafter an assignment agreement was executed between
defendant No.2 – respondent No.2 herein and defendant No.1
– respondent No.1 herein on 30.06.2018, assigning all the
rights, titles and interest in all the financial assistance
3
provided by defendant No.2 – financial creditor respondent
No.2 herein in terms of agreement dated 26.07.2011 in
favour of assignee respondent No.1. As assignee
respondent No.1 herein pursuant to the assignment
agreement dated 30.06.2018 had issued letter to all the
interested parties, namely, assignor financial creditor,
guarantor and corporate debtor informing that assignor –
financial creditor respondent No.2 herein had absolutely
assigned all the rights, title and interest in all the financial
assistance granted by financial creditor respondent No.2
herein from time to time to corporate debtor in favour of
assignee respondent No.1 herein vide assignment
agreement dated 30.06.2018. The said letter was responded
by the plaintiff – appellant herein stating the following :
(i)
“Respondent No.2 had duly filed its claim
before the Resolution Professional in accordance
with the provisions of IBC.
(ii)
This claim was crystallised and admitted at
INR 577.90 Crores and also formed part of the
approved Resolution Plan of Vedanta Limited.
Pursuant to the approved Resolution Plan,
(iii)
the entire debt of Respondent No.2 has been
discharged by way of allotment of shares and
payment in cash on 6.06.2018 and 21.06.2018
respectively.
4
(iv)
It was also highlighted that in terms of
section 3.2(xi) of the approved Resolution Plan,
upon discharge of financial creditors (including
Respondent No.2), the financial creditors were
required to redeliver and cause to be delivered to
Petitioner all documents encumbered with the
financial creditors.
(v)
Therefore, when no due was outstanding
and in fact redelivery of encumbered assets was
required, there was no basis under contract or law
for assignment of loan/debts/securities.
(vi)
It was emphasised that assignment
agreement dated 30.06.2018 was null, void ab
initio and without any basis.” | <para>
1. Feeling aggrieved and dissatisfied with the impugned
judgment and order dated 13.08.2021 passed by the High
Court of Judicature at Madras in O.S.A. No.292 of 2019, by
which the Division Bench of the High Court has dismissed
the said appeal preferred by the original plaintiff rejecting the
plaint/suit filed by the appellant herein – original plaintiff on
the ground that the suit is barred by Section 34 of the
1
SARFAESI Act, 2002, the original plaintiff has preferred the
present appeal.
</para>
<para>
2. The facts leading to the present appeal in nutshell are as
under:
2.1 That original defendant No.3 respondent No.3 herein
(hereinafter referred to as original defendant No.3) availed the
loan facility vide Rupee Loan Agreement dated 26.07.2011
from defendant No.2 respondent No.2 herein – SREI
Infrastructure Finance Limited and availed the financial
assistance to the extent of Rs.500 crores. The appellant
herein – original plaintiff stood as guarantor. A mortgage was
created by the appellant herein – original plaintiff in favour of
defendant No.2 – respondent No.2 herein – financial creditor
over its factory land at Evalur, Tamil Nadu along with plant
and machinery, by way of deposit of title deeds in terms of
the declaration to secure the repayment, discharge and
redemption by original defendant No.3. That original
defendant No.3 – corporate debtor could not pay the loan
amount, therefore the proceedings under the Insolvency
Bankruptcy Code, 2016 (IBC) was initiated against the
2
corporate debtor. An application under Section 7 of the IBC
was filed by the State Bank of India against original
defendant No.3 – corporate debtor. The default amount was
INR 923,75,00,000/. The resolution process was initiated
and an interim resolution professional was appointed under
the provisions of IBC. A resolution plan came to be approved
by the Committee of Creditors under Section 30(4) of the IBC.
The learned Adjudicating Authority vide order dated
17.04.2018 approved the resolution plan. Under the
approved resolution plan an amount of
INR
241,71,84,839.18 was required to be paid and 67,23,710
equity shares of the corporate debtor were to be allotted. As
per the case on behalf of the plaintiff – appellant herein on
payment of aforesaid amount and transfer of aforesaid shares
No Due Certificate was issued in favour of the corporate
debtor – original defendant No.3 on 25.06.2018 and the
corporate debtor came to be discharged. It appears that
thereafter an assignment agreement was executed between
defendant No.2 – respondent No.2 herein and defendant No.1
– respondent No.1 herein on 30.06.2018, assigning all the
rights, titles and interest in all the financial assistance
3
provided by defendant No.2 – financial creditor respondent
No.2 herein in terms of agreement dated 26.07.2011 in
favour of assignee respondent No.1. As assignee
respondent No.1 herein pursuant to the assignment
agreement dated 30.06.2018 had issued letter to all the
interested parties, namely, assignor financial creditor,
guarantor and corporate debtor informing that assignor –
financial creditor respondent No.2 herein had absolutely
assigned all the rights, title and interest in all the financial
assistance granted by financial creditor respondent No.2
herein from time to time to corporate debtor in favour of
assignee respondent No.1 herein vide assignment
agreement dated 30.06.2018. The said letter was responded
by the plaintiff – appellant herein stating the following :
(i)
“Respondent No.2 had duly filed its claim
before the Resolution Professional in accordance
with the provisions of IBC.
(ii)
This claim was crystallised and admitted at
INR 577.90 Crores and also formed part of the
approved Resolution Plan of Vedanta Limited.
Pursuant to the approved Resolution Plan,
(iii)
the entire debt of Respondent No.2 has been
discharged by way of allotment of shares and
payment in cash on 6.06.2018 and 21.06.2018
respectively.
4
(iv)
It was also highlighted that in terms of
section 3.2(xi) of the approved Resolution Plan,
upon discharge of financial creditors (including
Respondent No.2), the financial creditors were
required to redeliver and cause to be delivered to
Petitioner all documents encumbered with the
financial creditors.
(v)
Therefore, when no due was outstanding
and in fact redelivery of encumbered assets was
required, there was no basis under contract or law
for assignment of loan/debts/securities.
(vi)
It was emphasised that assignment
agreement dated 30.06.2018 was null, void ab
initio and without any basis.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
2.2 That thereafter on the basis of the assignment agreement
dated 30.06.2018, the assignee – original defendant No.1 –
respondent No.1 herein initiated the proceedings against the
plaintiff – appellant herein, who stood as guarantor, under
Section 13(2) of the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act,
2002 (SARFAESI Act) by issuing a notice dated 27.12.2018,
demanding the payment of INR 587,10,08,309 due under the
rupee term loan agreement dated 26.07.2011. Notice dated
27.12.2018 of the SARFAESI Act was responded by the
plaintiff – appellant herein vide reply dated 20.02.2019
stating that pursuant to repayment of amount in terms of the
approved resolution plan, all the claims of financial creditor
5
respondent No.2 herein stand extinguished and
consequently, no claim can be made by the assignee
respondent No.1 herein for the same default and that no
amount is due and payable to assignee respondent No.1.
That thereafter a possession notice dated 19.06.2019 was
issued under rule 8 (1) of the Security Interest (Enforcement)
Rules, 2002 by the assignee to the plaintiff – appellant
herein. Thus a possession notice was published in the
newspaper on 22.06.2019.
2.3 That thereafter the plaintiff – appellant herein instituted a
Civil Suit being C.S.(D) No.18962 of 2019 on 22.06.2019
before the High Court of Madras and prayed for the following
reliefs:
“(i). To declare that the 1st Defendant
acquired no rights against the Applicant
herein under the Assignment Deed dated
30.06.2018, arid consequently, declare that
the 1st Defendant is not a secured creditor
visavis, the Applicant herein; and
(ii). Consequently, to declare Possession
Notice dated 19.6.2019 issued by the 1st
Defendant herein has null and vend and
render justice.”
6 | <para>
2.2 That thereafter on the basis of the assignment agreement
dated 30.06.2018, the assignee – original defendant No.1 –
respondent No.1 herein initiated the proceedings against the
plaintiff – appellant herein, who stood as guarantor, under
Section 13(2) of the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act,
2002 (SARFAESI Act) by issuing a notice dated 27.12.2018,
demanding the payment of INR 587,10,08,309 due under the
rupee term loan agreement dated 26.07.2011. Notice dated
27.12.2018 of the SARFAESI Act was responded by the
plaintiff – appellant herein vide reply dated 20.02.2019
stating that pursuant to repayment of amount in terms of the
approved resolution plan, all the claims of financial creditor
5
respondent No.2 herein stand extinguished and
consequently, no claim can be made by the assignee
respondent No.1 herein for the same default and that no
amount is due and payable to assignee respondent No.1.
That thereafter a possession notice dated 19.06.2019 was
issued under rule 8 (1) of the Security Interest (Enforcement)
Rules, 2002 by the assignee to the plaintiff – appellant
herein. Thus a possession notice was published in the
newspaper on 22.06.2019.
</para>
<para>
2.3 That thereafter the plaintiff – appellant herein instituted a
Civil Suit being C.S.(D) No.18962 of 2019 on 22.06.2019
before the High Court of Madras and prayed for the following
reliefs:
“(i). To declare that the 1st Defendant
acquired no rights against the Applicant
herein under the Assignment Deed dated
30.06.2018, arid consequently, declare that
the 1st Defendant is not a secured creditor
visavis, the Applicant herein; and
(ii). Consequently, to declare Possession
Notice dated 19.6.2019 issued by the 1st
Defendant herein has null and vend and
render justice.”
6
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
2.4 The suit was filed with an application seeking leave to file the
suit with the aforesaid prayers. As observed hereinabove, the
suit was filed on 22.06.2019. Immediately thereafter
appellant herein – plaintiff also filed an application before the
Debt Recovery Tribunal (DRT), Chennai under Section 17(1)
of SARFAESI Act on 17.07.2019 against the possession
notice dated 19.06.2019 praying that the assignee has
acquired no rights under the assignment agreement dated
30.06.2018 and consequently, assignee respondent No.1 is
not a secured creditor visavis the appellant – plaintiff and
also to declare possession notice dated 19.06.2019 as null
and void. The registry of DRT returned the application filed
under Section 17(1) of SARFAESI Act by observing as under:
“Counsel for the Appellant has represented SA
without complying with the defects read out,
however with an endorsement that he is a
proper and necessary party and that relief
prayed for vide Para VII(i) is maintainable. He
has reiterated that relief has to be sought in
relation to the notice under challenge.
May be returned.”
2.5 The defendants appeared before the High Court in C.S.(D)
No.18962 of 2019, affidavits and counter affidavits were filed
by the parties to the suit. By order dated 30.09.2019, the
7
learned Single Judge of the High Court dismissed application
No.4322 of 2019 and C.S.(D) No.18962 of 2019 on the
ground of jurisdiction observing that the suit is for land and
property situated outside the jurisdiction of the court and
therefore the suit is not maintainable. It was also observed
and held that the civil court’s jurisdiction is barred in view of
Section 34 of the SARFAESI Act and only DRT had
competence to decide the matter. | <para>
2.4 The suit was filed with an application seeking leave to file the
suit with the aforesaid prayers. As observed hereinabove, the
suit was filed on 22.06.2019. Immediately thereafter
appellant herein – plaintiff also filed an application before the
Debt Recovery Tribunal (DRT), Chennai under Section 17(1)
of SARFAESI Act on 17.07.2019 against the possession
notice dated 19.06.2019 praying that the assignee has
acquired no rights under the assignment agreement dated
30.06.2018 and consequently, assignee respondent No.1 is
not a secured creditor visavis the appellant – plaintiff and
also to declare possession notice dated 19.06.2019 as null
and void. The registry of DRT returned the application filed
under Section 17(1) of SARFAESI Act by observing as under:
“Counsel for the Appellant has represented SA
without complying with the defects read out,
however with an endorsement that he is a
proper and necessary party and that relief
prayed for vide Para VII(i) is maintainable. He
has reiterated that relief has to be sought in
relation to the notice under challenge.
May be returned.”
</para>
<para>
2.5 The defendants appeared before the High Court in C.S.(D)
No.18962 of 2019, affidavits and counter affidavits were filed
by the parties to the suit. By order dated 30.09.2019, the
7
learned Single Judge of the High Court dismissed application
No.4322 of 2019 and C.S.(D) No.18962 of 2019 on the
ground of jurisdiction observing that the suit is for land and
property situated outside the jurisdiction of the court and
therefore the suit is not maintainable. It was also observed
and held that the civil court’s jurisdiction is barred in view of
Section 34 of the SARFAESI Act and only DRT had
competence to decide the matter.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
3. Feeling aggrieved and dissatisfied with the order passed by
the learned Single Judge of the High Court dismissing the
application as well as the suit vide order dated 30.09.2019,
appellant herein – original plaintiff filed an appeal before the
Division Bench of the High Court being O.S.A. No.292 of
2019. By the impugned judgment and order the Division
Bench of the High Court has dismissed the said appeal in
view of the bar under Section 34 of the SARFAESI Act.
4. Feeling aggrieved and dissatisfied with the impugned
judgment and order passed by the Division Bench of the High
Court confirming the judgment and order passed by the
learned Single Judge rejecting the plaint/dismissing the suit
8
as not maintainable in view of the bar under Section 34 of
the SARFAESI Act, original plaintiff – appellant herein has
preferred the present appeal. | <para>
3. Feeling aggrieved and dissatisfied with the order passed by
the learned Single Judge of the High Court dismissing the
application as well as the suit vide order dated 30.09.2019,
appellant herein – original plaintiff filed an appeal before the
Division Bench of the High Court being O.S.A. No.292 of
2019. By the impugned judgment and order the Division
Bench of the High Court has dismissed the said appeal in
view of the bar under Section 34 of the SARFAESI Act.
</para>
<para>
4. Feeling aggrieved and dissatisfied with the impugned
judgment and order passed by the Division Bench of the High
Court confirming the judgment and order passed by the
learned Single Judge rejecting the plaint/dismissing the suit
8
as not maintainable in view of the bar under Section 34 of
the SARFAESI Act, original plaintiff – appellant herein has
preferred the present appeal.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5. Dr. A.M. Singhvi, learned Senior Advocate has appeared on
behalf of the appellant and Shri Shyam Divan, learned Senior
Advocate has appeared with Shri Huzefa Ahmadi, learned
Senior Advocate, on behalf of the respondents – defendants.
5.1 Dr. Singhvi, learned Senior Advocate appearing on behalf of
the plaintiff appellant herein has vehemently submitted
that in the facts and circumstances of the case both, learned
Single Judge as well as the Division Bench have materially
erred in rejecting the plaint and dismissing the suit on the
ground that the suit is barred in view of the bar under
Section 34 of SARFAESI Act. | <para>
5. Dr. A.M. Singhvi, learned Senior Advocate has appeared on
behalf of the appellant and Shri Shyam Divan, learned Senior
Advocate has appeared with Shri Huzefa Ahmadi, learned
Senior Advocate, on behalf of the respondents – defendants.
</para>
<para>
5.1 Dr. Singhvi, learned Senior Advocate appearing on behalf of
the plaintiff appellant herein has vehemently submitted
that in the facts and circumstances of the case both, learned
Single Judge as well as the Division Bench have materially
erred in rejecting the plaint and dismissing the suit on the
ground that the suit is barred in view of the bar under
Section 34 of SARFAESI Act.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5.2 It is submitted that the High Court has not properly
appreciated and considered the fact that in the suit plaintiff
had pleaded the fraud and it was the case on behalf of the
plaintiff – appellant herein that the assignment agreement
dated 30.06.2018 is fraudulent and relief was sought to
9
declare the assignment agreement dated 30.06.2018 as null
and void by the plaintiff – appellant herein, the said relief
cannot be granted by the DRT under the provisions of the
SARFAESI Act and therefore the bar under Section 34 of the
SARFAESI Act shall not be applicable.
5.3 It is submitted that when the suit is filed alleging ‘fraud’ the
bar under Section 34 of the SARFAESI Act shall not be
applicable and the suit for the reliefs sought in the plaint
shall be maintainable. | <para>
5.2 It is submitted that the High Court has not properly
appreciated and considered the fact that in the suit plaintiff
had pleaded the fraud and it was the case on behalf of the
plaintiff – appellant herein that the assignment agreement
dated 30.06.2018 is fraudulent and relief was sought to
9
declare the assignment agreement dated 30.06.2018 as null
and void by the plaintiff – appellant herein, the said relief
cannot be granted by the DRT under the provisions of the
SARFAESI Act and therefore the bar under Section 34 of the
SARFAESI Act shall not be applicable.
</para>
<para>
5.3 It is submitted that when the suit is filed alleging ‘fraud’ the
bar under Section 34 of the SARFAESI Act shall not be
applicable and the suit for the reliefs sought in the plaint
shall be maintainable.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5.4 It is submitted that even otherwise considering the fact that
subsequently and before the assignment agreement, the
proceedings under the IBC against the corporate debtor with
respect to the loan agreement dated 26.07.2011were initiated
and the resolution plan was approved and entire amount due
and payable under the approved resolution plan was paid to
the successful resolution applicants and even 67,23,710
equity shares of the corporate debtor came to be transferred
as per the approved resolution plan and the original loanee –
corporate debtor was discharged and NOC was issued,
therefore, assignment deed can be said to be ‘fraudulent’
10
after the resolution plan under IBC and the amount paid
under the resolution plan and on transfer of the shares as
per the approved resolution plan and the corporate debtor
was discharged. Therefore, there shall not be any dues to be
paid by the appellant herein as guarantor.
5.5 It is submitted that as such not only the assignment
agreement dated 30.06.2018 is null and void and is
‘fraudulent’ even the assignee cannot be said to be a secured
creditor so far as the appellant is concerned. | <para>
5.4 It is submitted that even otherwise considering the fact that
subsequently and before the assignment agreement, the
proceedings under the IBC against the corporate debtor with
respect to the loan agreement dated 26.07.2011were initiated
and the resolution plan was approved and entire amount due
and payable under the approved resolution plan was paid to
the successful resolution applicants and even 67,23,710
equity shares of the corporate debtor came to be transferred
as per the approved resolution plan and the original loanee –
corporate debtor was discharged and NOC was issued,
therefore, assignment deed can be said to be ‘fraudulent’
10
after the resolution plan under IBC and the amount paid
under the resolution plan and on transfer of the shares as
per the approved resolution plan and the corporate debtor
was discharged. Therefore, there shall not be any dues to be
paid by the appellant herein as guarantor.
</para>
<para>
5.5 It is submitted that as such not only the assignment
agreement dated 30.06.2018 is null and void and is
‘fraudulent’ even the assignee cannot be said to be a secured
creditor so far as the appellant is concerned.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5.6 It is further submitted by Dr. Singhvi, learned Senior
Advocate appearing on behalf of the appellant that there is
no legally enforceable debt by the plaintiff – appellant herein
for the reasons stated above and therefore the initiation of
the proceedings under the SARFAESI Act are bad in law and
not maintainable.
5.7 In the alternative, it is prayed by Dr. Singhvi, learned Senior
Advocate appearing on behalf of the appellant that in case
this Court is not inclined to entertain the present appeal,
confirming the judgment and order passed by the High Court
11
rejecting the plaint/dismissing the suit, in that case the
original plaintiff – appellant may be given an opportunity to
file the proceedings before the DRT under the SARFAESI Act
and all the contentions including that assignment agreement
is null and void; that assignee cannot be said to be the
secured creditor under the assignment agreement dated
30.06.2018; and that there are no dues so far as the
appellant – plaintiff is concerned may be kept open. He has
stated that in that case the appellant shall file appropriate
proceedings before the DRT within a period of two weeks
from today. | <para>
5.6 It is further submitted by Dr. Singhvi, learned Senior
Advocate appearing on behalf of the appellant that there is
no legally enforceable debt by the plaintiff – appellant herein
for the reasons stated above and therefore the initiation of
the proceedings under the SARFAESI Act are bad in law and
not maintainable.
</para>
<para>
5.7 In the alternative, it is prayed by Dr. Singhvi, learned Senior
Advocate appearing on behalf of the appellant that in case
this Court is not inclined to entertain the present appeal,
confirming the judgment and order passed by the High Court
11
rejecting the plaint/dismissing the suit, in that case the
original plaintiff – appellant may be given an opportunity to
file the proceedings before the DRT under the SARFAESI Act
and all the contentions including that assignment agreement
is null and void; that assignee cannot be said to be the
secured creditor under the assignment agreement dated
30.06.2018; and that there are no dues so far as the
appellant – plaintiff is concerned may be kept open. He has
stated that in that case the appellant shall file appropriate
proceedings before the DRT within a period of two weeks
from today.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6. Present appeal is vehemently opposed by Shri Shyam Divan,
learned Senior Advocate and Shri Huzefa Ahmadi, learned
Senior Advocate, appearing on behalf of the contesting
defendants – original defendants – respondents herein.
6.1 It is vehemently submitted that the suit before the learned
Single Judge filed by the appellant is rightly held to be not
maintainable in view of the bar under Section 34 of the
SARFAESI Act.
12 | <para>
6. Present appeal is vehemently opposed by Shri Shyam Divan,
learned Senior Advocate and Shri Huzefa Ahmadi, learned
Senior Advocate, appearing on behalf of the contesting
defendants – original defendants – respondents herein.
</para>
<para>
6.1 It is vehemently submitted that the suit before the learned
Single Judge filed by the appellant is rightly held to be not
maintainable in view of the bar under Section 34 of the
SARFAESI Act.
12
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6.2 It is vehemently submitted that as such the suit is rightly
held to be not maintainable. It is submitted that initiation of
the proceedings by the appellant by filing of the suit for the
reliefs sought in the plaint is nothing but abuse of process of
law and court.
6.3 It is submitted that the allegations of ‘fraud’ are nothing but
a clever drafting only with a view to bring the suit
maintainable before the civil court despite the bar under
Section 34 of the SARFAESI Act. | <para>
6.2 It is vehemently submitted that as such the suit is rightly
held to be not maintainable. It is submitted that initiation of
the proceedings by the appellant by filing of the suit for the
reliefs sought in the plaint is nothing but abuse of process of
law and court.
</para>
<para>
6.3 It is submitted that the allegations of ‘fraud’ are nothing but
a clever drafting only with a view to bring the suit
maintainable before the civil court despite the bar under
Section 34 of the SARFAESI Act.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6.4 It is vehemently submitted by the learned senior counsel
appearing on behalf of the respondents herein – original
defendants that except using the word ‘fraud’/’fraudulent’,
there are no other particulars pleaded in support of the
allegations of fraud. It is submitted that pleading of ‘fraud’ is
made at two places in the plaint namely para 31 and para
46. At both these places, the assertion is that consequent to
the alleged discharge of the debt of the corporate debtor
through the proceedings under the IBC, no assignment of
such debt in favour of assignee could have been made and,
13
thus, for this reason, the initiation of proceedings under the
SARFAESI Act, is fraudulent. It is submitted that on the
aforesaid ground the assignment deed cannot be said to be
‘fraudulent’.
6.5 It is further submitted that the word ‘fraud’/’fraudulent’ are
used in the plaint only with a view to bring the suit
maintainable before the civil court and to get out of the bar
under Section 34 of the SARFAESI Act. It is submitted that
after a month of filing of the suit, the appellant filed an
application under Section 17(1) of SARFAESI ACT before the
DRT, Chennai, assailing the possession notice issued by the
assignee under section 13(4) of the SARFAESI Act, however,
in the said application, no allegation of any kind of fraud was
made against any of the respondents. | <para>
6.4 It is vehemently submitted by the learned senior counsel
appearing on behalf of the respondents herein – original
defendants that except using the word ‘fraud’/’fraudulent’,
there are no other particulars pleaded in support of the
allegations of fraud. It is submitted that pleading of ‘fraud’ is
made at two places in the plaint namely para 31 and para
46. At both these places, the assertion is that consequent to
the alleged discharge of the debt of the corporate debtor
through the proceedings under the IBC, no assignment of
such debt in favour of assignee could have been made and,
13
thus, for this reason, the initiation of proceedings under the
SARFAESI Act, is fraudulent. It is submitted that on the
aforesaid ground the assignment deed cannot be said to be
‘fraudulent’.
</para>
<para>
6.5 It is further submitted that the word ‘fraud’/’fraudulent’ are
used in the plaint only with a view to bring the suit
maintainable before the civil court and to get out of the bar
under Section 34 of the SARFAESI Act. It is submitted that
after a month of filing of the suit, the appellant filed an
application under Section 17(1) of SARFAESI ACT before the
DRT, Chennai, assailing the possession notice issued by the
assignee under section 13(4) of the SARFAESI Act, however,
in the said application, no allegation of any kind of fraud was
made against any of the respondents.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6.6 It is submitted that in any case a bare review of the
assertions in paras 31 and 46, it can be seen that no
material particulars have been pleaded so as to constitute a
pleading of ‘fraud’ as required under Order VI Rule 4 of the
Civil Procedure Code,1908 (CPC). It is submitted that apart
14
from use of adjectives such as ‘fraudulent’ etc., qua the
assignment deed, no actual material particulars have been
given with regard to the ‘fraud’. It is submitted that the
pleadings in para 31 and para 46 do not satisfy the test of
‘fraud’ under Section 17 of the Indian Contract Act, 1872.
6.7 It is vehemently submitted by the learned Senior Advocates
appearing on behalf of the respondents herein that as per the
settled preposition of law pleading without any material
particulars would not tantamount to a pleading of ‘fraud’.
Reliance is placed on the decisions of this Court in the cases
of <cite>Bishundeo Narain & Anr. vs. Seogeni Rai & Jagernath,
(1951) SCR 548</cite>; <cite>Ladli Parshad Jaiswal vs. The Karnal
Distillery Co. Ltd., Karnal &Ors.,(1964) 1 SCR 270</cite>; <cite>Canara
Bank vs. P. Selathal & Ors.,(2020) 13 SCC 143</cite>; <cite>H.S
Goutham vs. Rama Murthy & Anr.,(2021) 5 SCC 241</cite>; <cite>Ram
Singh vs. Gram Panchayat Mehal Kalan & Ors.,(1986) 4
SCC 364</cite>; and <cite>Union of India & Anr. vs. K.C Sharma &
Company & Ors.,(2020) 15 SCC 209</cite>.
15
6.8 Making the above submissions and relying upon the
decisions of this Court in aforesaid cases, it is prayed to
dismiss the present appeal. | <para>
6.6 It is submitted that in any case a bare review of the
assertions in paras 31 and 46, it can be seen that no
material particulars have been pleaded so as to constitute a
pleading of ‘fraud’ as required under Order VI Rule 4 of the
Civil Procedure Code,1908 (CPC). It is submitted that apart
14
from use of adjectives such as ‘fraudulent’ etc., qua the
assignment deed, no actual material particulars have been
given with regard to the ‘fraud’. It is submitted that the
pleadings in para 31 and para 46 do not satisfy the test of
‘fraud’ under Section 17 of the Indian Contract Act, 1872.
6.7 It is vehemently submitted by the learned Senior Advocates
appearing on behalf of the respondents herein that as per the
settled preposition of law pleading without any material
particulars would not tantamount to a pleading of ‘fraud’.
Reliance is placed on the decisions of this Court in the cases
of <cite>Bishundeo Narain & Anr. vs. Seogeni Rai & Jagernath,
(1951) SCR 548</cite>; <cite>Ladli Parshad Jaiswal vs. The Karnal
Distillery Co. Ltd., Karnal &Ors.,(1964) 1 SCR 270</cite>; <cite>Canara
Bank vs. P. Selathal & Ors.,(2020) 13 SCC 143</cite>; <cite>H.S
Goutham vs. Rama Murthy & Anr.,(2021) 5 SCC 241</cite>; <cite>Ram
Singh vs. Gram Panchayat Mehal Kalan & Ors.,(1986) 4
SCC 364</cite>; and <cite>Union of India & Anr. vs. K.C Sharma &
Company & Ors.,(2020) 15 SCC 209</cite>.
15
</para>
<para>
6.8 Making the above submissions and relying upon the
decisions of this Court in aforesaid cases, it is prayed to
dismiss the present appeal.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
7. We have heard the learned senior counsel appearing on
behalf of the respective parties at length.
7.1 It is the case on behalf of the plaintiff – appellant herein that
in the plaint there are allegations of the ‘fraud’ with respect
to the assignment agreement dated 30.06.2018 and it is the
case on behalf of the plaintiff – appellant herein that
assignment agreement is ‘fraudulent’ in as much as after the
full payment as per the approved resolution plan under the
IBC and the original corporate debtor is discharged, there
shall not be any debt by the plaintiff – appellant herein as a
guarantor and therefore Assignment deed is fraudulent.
Therefore, it is the case on behalf of the plaintiff – appellant
herein that the suit in which there are allegations of ‘fraud’
with respect to the assignment deed shall be maintainable
and the bar under Section 34 of SARFAESI Act shall not be
applicable.
16 | <para>
7. We have heard the learned senior counsel appearing on
behalf of the respective parties at length.
</para>
<para>
7.1 It is the case on behalf of the plaintiff – appellant herein that
in the plaint there are allegations of the ‘fraud’ with respect
to the assignment agreement dated 30.06.2018 and it is the
case on behalf of the plaintiff – appellant herein that
assignment agreement is ‘fraudulent’ in as much as after the
full payment as per the approved resolution plan under the
IBC and the original corporate debtor is discharged, there
shall not be any debt by the plaintiff – appellant herein as a
guarantor and therefore Assignment deed is fraudulent.
Therefore, it is the case on behalf of the plaintiff – appellant
herein that the suit in which there are allegations of ‘fraud’
with respect to the assignment deed shall be maintainable
and the bar under Section 34 of SARFAESI Act shall not be
applicable.
16
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
7.2 However, it is required to be noted that except the words
used ‘fraud’/’fraudulent’ there are no specific particulars
pleaded with respect to the ‘fraud’. It appears that by a clever
drafting and using the words ‘fraud’/’fraudulent’ without any
specific particulars with respect to the ‘fraud’, the plaintiff –
appellant herein intends to get out of the bar under Section
34 of the SARFAESI Act and wants the suit to be
maintainable. As per the settled preposition of law mere
mentioning and using the word ‘fraud’/’fraudulent’ is not
sufficient to satisfy the test of ‘fraud’. As per the settled
preposition of law such a pleading/using the word ‘fraud’/
‘fraudulent’ without any material particulars would not
tantamount to pleading of ‘fraud’. In case of <cite>Bishundeo
Narain and Anr. (Supra)</cite> in para 28, it is observed and held
as under:
“.... Now if there is one rule which is better
established than any other, it is that in cases of
fraud, undue influence and coercion, the parties
pleading it must set forth full particulars and the
case can only be decided on the particulars as
laid. There can be no departure from them in
evidence. General allegations are insufficient even
to amount to an averment of fraud of which any
court ought to take notice however strong the
language in which they are couched may be, and
17
the same applies to undue influence and coercion.
See Order 6, Rule 4, Civil Procedure Code.”
7.3 Similar view has been expressed in the case of <cite>Ladli Parshad
Jaiswal (Supra)</cite> and after considering the decision of the
Privy Council in <cite>Bharat Dharma Syndicate vs. Harish
Chandra (64 IA 146)</cite>, it is held that a litigant who prefers
allegation of fraud or other improper conduct must place on
record precise and specific details of these charges. Even as
per Order VI Rule 4 in all cases in which the party pleading
relies on any misrepresentation, fraud, breach of trust, wilful
default, or undue influence, particulars shall be stated in the
pleading. Similarly in the case of <cite>K.C Sharma & Company
(Supra)</cite> it is held that ‘fraud’ has to be pleaded with
necessary particulars. In the case of <cite>Ram Singh and Ors.
(Supra)</cite>, it is observed and held by this Court that when the
suit is barred by any law, the plaintiff cannot be allowed to
circumvent that provision by means of clever drafting so as to
avoid mention of those circumstances by which the suit is
barred by law of limitation.
18 | <para>
7.2 However, it is required to be noted that except the words
used ‘fraud’/’fraudulent’ there are no specific particulars
pleaded with respect to the ‘fraud’. It appears that by a clever
drafting and using the words ‘fraud’/’fraudulent’ without any
specific particulars with respect to the ‘fraud’, the plaintiff –
appellant herein intends to get out of the bar under Section
34 of the SARFAESI Act and wants the suit to be
maintainable. As per the settled preposition of law mere
mentioning and using the word ‘fraud’/’fraudulent’ is not
sufficient to satisfy the test of ‘fraud’. As per the settled
preposition of law such a pleading/using the word ‘fraud’/
‘fraudulent’ without any material particulars would not
tantamount to pleading of ‘fraud’. In case of <cite>Bishundeo
Narain and Anr. (Supra)</cite> in para 28, it is observed and held
as under:
“.... Now if there is one rule which is better
established than any other, it is that in cases of
fraud, undue influence and coercion, the parties
pleading it must set forth full particulars and the
case can only be decided on the particulars as
laid. There can be no departure from them in
evidence. General allegations are insufficient even
to amount to an averment of fraud of which any
court ought to take notice however strong the
language in which they are couched may be, and
17
the same applies to undue influence and coercion.
See Order 6, Rule 4, Civil Procedure Code.”
</para>
<para>
7.3 Similar view has been expressed in the case of <cite>Ladli Parshad
Jaiswal (Supra)</cite> and after considering the decision of the
Privy Council in <cite>Bharat Dharma Syndicate vs. Harish
Chandra (64 IA 146)</cite>, it is held that a litigant who prefers
allegation of fraud or other improper conduct must place on
record precise and specific details of these charges. Even as
per Order VI Rule 4 in all cases in which the party pleading
relies on any misrepresentation, fraud, breach of trust, wilful
default, or undue influence, particulars shall be stated in the
pleading. Similarly in the case of <cite>K.C Sharma & Company
(Supra)</cite> it is held that ‘fraud’ has to be pleaded with
necessary particulars. In the case of <cite>Ram Singh and Ors.
(Supra)</cite>, it is observed and held by this Court that when the
suit is barred by any law, the plaintiff cannot be allowed to
circumvent that provision by means of clever drafting so as to
avoid mention of those circumstances by which the suit is
barred by law of limitation.
18
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
7.4 In the case of <cite>T. Arivandandam vs. T.V. Satyapal & Anr.
(1977) 4 SCC 467</cite>, it is observed and held in para 5 as
under:
“5. We have not the slightest hesitation in
condemning the petitioner for the gross abuse of
the process of the court repeatedly and
unrepentently resorted to. From the statement of
the facts found in the judgment of the High Court,
it is perfectly plain that the suit now pending
before the First Munsif's Court, Bangalore, is a
flagrant misuse of the mercies of the law in
receiving plaints. The learned Munsif must
remember that if on a meaningful — not formal —
reading of the plaint it is manifestly vexatious,
and meritless, in the sense of not disclosing a
clear right to sue, he should exercise his power
under Order 7, Rule 11 CPC taking care to see
that the ground mentioned therein is fulfilled.
And, if clever drafting has created the illusion of a
cause of action, nip it in the bud at the first
hearing by examining the party searchingly under
Order 10, CPC. An activist Judge is the answer to
irresponsible law suits.”
7.5 A similar view has been expressed by this court in the recent
decision in the case of <cite>P. Selathal & Ors. (Supra)</cite>. | <para>
7.4 In the case of <cite>T. Arivandandam vs. T.V. Satyapal & Anr.
(1977) 4 SCC 467</cite>, it is observed and held in para 5 as
under:
“5. We have not the slightest hesitation in
condemning the petitioner for the gross abuse of
the process of the court repeatedly and
unrepentently resorted to. From the statement of
the facts found in the judgment of the High Court,
it is perfectly plain that the suit now pending
before the First Munsif's Court, Bangalore, is a
flagrant misuse of the mercies of the law in
receiving plaints. The learned Munsif must
remember that if on a meaningful — not formal —
reading of the plaint it is manifestly vexatious,
and meritless, in the sense of not disclosing a
clear right to sue, he should exercise his power
under Order 7, Rule 11 CPC taking care to see
that the ground mentioned therein is fulfilled.
And, if clever drafting has created the illusion of a
cause of action, nip it in the bud at the first
hearing by examining the party searchingly under
Order 10, CPC. An activist Judge is the answer to
irresponsible law suits.”
</para>
<para>
7.5 A similar view has been expressed by this court in the recent
decision in the case of <cite>P. Selathal & Ors. (Supra)</cite>.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
8. Having considered the pleadings and averments in the suit
more particularly the use of word ‘fraud’ even considering the
case on behalf of the plaintiff, we find that the allegations of
‘fraud’ are made without any particulars and only with a view
to get out of the bar under Section 34 of the SARFAESI Act
and by such a clever drafting the plaintiff intends to bring
19
the suit maintainable despite the bar under Section 34 of the
SARFAESI Act, which is not permissible at all and which
cannot be approved. Even otherwise it is required to be noted
that it is the case on behalf of the plaintiff – appellant herein
that in view of the approved resolution plan under IBC and
thereafter the original corporate debtor being discharged
there shall not be any debt so far as the plaintiff – appellant
herein is concerned and therefore the assignment deed can
be said to be ‘fraudulent’. The aforesaid cannot be accepted.
By that itself the assignment deed cannot be said to be
‘fraudulent’. In any case, whether there shall be legally
enforceable debt so far as the plaintiff – appellant herein is
concerned even after the approved resolution plan against
the corporate debtor still there shall be the liability of the
plaintiff and/or the assignee can be said to be secured
creditor and/or whether any amount is due and payable by
the plaintiff, are all questions which are required to be dealt
with and considered by the DRT in the proceedings initiated
under the SARFAESI Act. It is required to be noted that as
such in the present case the assignee has already initiated
the proceedings under Section 13 which can be challenged
20
by the plaintiff – appellant herein by way of application under
Section 17 of the SARFAESI Act before the DRT on whatever
the legally available defences which may be available to it. We
are of the firm opinion that the suit filed by the plaintiff –
appellant herein was absolutely not maintainable in view of
the bar contained under Section 34 of the SARFAESI Act.
Therefore, as such the courts below have not committed any
error in rejecting the plaint/dismissing the suit in view of the
bar under Section 34 of the SARFAESI Act.
9.
In view of the above and for the reasons stated above, the
present appeal fails and the same deserves to be dismissed
and is accordingly dismissed. However, it will be open for the
appellant herein to initiate appropriate proceedings before
the DRT under Section 17 of the SARFAESI Act against the
initiation of the proceedings by the assignee – respondent
No.1 herein under Section 13 of the SARFAESI Act inter alia
on the ground: (1) that the assignee cannot be said to be
secured creditor so far as the appellant is concerned; (2) that
there is no amount due and payable by the plaintiff –
appellant herein on the ground that in view of the
21
proceedings under IBC against the corporate debtor and the
corporate debtor being discharged after the approved
resolution plan, there shall not be any enforceable debt
against the appellant. If such an application is filed within a
period of two weeks from today the same be considered in
accordance with law and on merits after complying with all
other requirements which may be required while filing the
application under Section 17 of the SARFAESI Act. However,
it is made clear that we have not expressed anything on
merits in favour of either of the parties on the aforesaid two
issues. Present appeal is accordingly dismissed, however, in
the facts and circumstances of the case there shall be no
order as to costs | <para>
8. Having considered the pleadings and averments in the suit
more particularly the use of word ‘fraud’ even considering the
case on behalf of the plaintiff, we find that the allegations of
‘fraud’ are made without any particulars and only with a view
to get out of the bar under Section 34 of the SARFAESI Act
and by such a clever drafting the plaintiff intends to bring
19
the suit maintainable despite the bar under Section 34 of the
SARFAESI Act, which is not permissible at all and which
cannot be approved. Even otherwise it is required to be noted
that it is the case on behalf of the plaintiff – appellant herein
that in view of the approved resolution plan under IBC and
thereafter the original corporate debtor being discharged
there shall not be any debt so far as the plaintiff – appellant
herein is concerned and therefore the assignment deed can
be said to be ‘fraudulent’. The aforesaid cannot be accepted.
By that itself the assignment deed cannot be said to be
‘fraudulent’. In any case, whether there shall be legally
enforceable debt so far as the plaintiff – appellant herein is
concerned even after the approved resolution plan against
the corporate debtor still there shall be the liability of the
plaintiff and/or the assignee can be said to be secured
creditor and/or whether any amount is due and payable by
the plaintiff, are all questions which are required to be dealt
with and considered by the DRT in the proceedings initiated
under the SARFAESI Act. It is required to be noted that as
such in the present case the assignee has already initiated
the proceedings under Section 13 which can be challenged
20
by the plaintiff – appellant herein by way of application under
Section 17 of the SARFAESI Act before the DRT on whatever
the legally available defences which may be available to it. We
are of the firm opinion that the suit filed by the plaintiff –
appellant herein was absolutely not maintainable in view of
the bar contained under Section 34 of the SARFAESI Act.
Therefore, as such the courts below have not committed any
error in rejecting the plaint/dismissing the suit in view of the
bar under Section 34 of the SARFAESI Act.
</para>
<para>
9.
In view of the above and for the reasons stated above, the
present appeal fails and the same deserves to be dismissed
and is accordingly dismissed. However, it will be open for the
appellant herein to initiate appropriate proceedings before
the DRT under Section 17 of the SARFAESI Act against the
initiation of the proceedings by the assignee – respondent
No.1 herein under Section 13 of the SARFAESI Act inter alia
on the ground: (1) that the assignee cannot be said to be
secured creditor so far as the appellant is concerned; (2) that
there is no amount due and payable by the plaintiff –
appellant herein on the ground that in view of the
21
proceedings under IBC against the corporate debtor and the
corporate debtor being discharged after the approved
resolution plan, there shall not be any enforceable debt
against the appellant. If such an application is filed within a
period of two weeks from today the same be considered in
accordance with law and on merits after complying with all
other requirements which may be required while filing the
application under Section 17 of the SARFAESI Act. However,
it is made clear that we have not expressed anything on
merits in favour of either of the parties on the aforesaid two
issues. Present appeal is accordingly dismissed, however, in
the facts and circumstances of the case there shall be no
order as to costs
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
2.
These appeals arise out of the judgment dated 23.02.2012
passed by the High Court of Punjab and Haryana at Chandigarh
in LPA No.264 of 2012 and Order dated 04.05.2012 in LPA 1607-
LPA of 2012 dismissing the appeals and the order dated 04.05.2012
in review petition in RA No.LP-16 of 2012 dismissing the review filed
by the appellant-Board by holding that the SLP(C) No.10896 of
2011 involving the same issue i.e. parity of pay scale is already
pending before the Supreme Court.
1
3.
The parity in the pay scales of two posts – Head Clerks and
the Internal Auditors in Group XII of the Punjab State Electricity
Board (PSEB) is the subject matter of the issue in these present
appeals. Brief facts of the case are as under:-
The Punjab State Electricity Board (PSEB), in exercise of the
power conferred under Section 79(c) of the Electricity (Supply) Act,
1948 framed “Punjab Public Works Departments (Electricity Branch)
State Service Class-III (Subordinate Posts) Rules, 1958 (adopted by
the Board) Amendment Regulations, 1975. The recruitment and
conditions of service governing the Head Clerks was introduced on
11.09.1985 which is called the Punjab State Electricity Board
Ministerial Services Class–III Regulations, 1985 providing for
educational qualifications and minimum experience required for
Head Clerks. Initially, the pay scale of Head Clerks was Rs.150-300
and the pay scale of Internal Auditors was Rs.130-240. The pay
scale of Internal Auditors was revised to Rs.150-300 w.e.f.
01.08.1963. Head Clerks and Internal Auditors were getting same
pay scale of Rs.225-500 from 01.06.1967 and Rs.620-1200 from
01.01.1978. From 21.03.1989, revised scale of pay of regular
employees was issued by the PSEB, and w.e.f. 01.01.1986, the
scale of pay of the Head Clerks and the Internal Auditors was
revised to Rs.1640-2925.
2 | <para>
2.
These appeals arise out of the judgment dated 23.02.2012
passed by the High Court of Punjab and Haryana at Chandigarh
in LPA No.264 of 2012 and Order dated 04.05.2012 in LPA 1607-
LPA of 2012 dismissing the appeals and the order dated 04.05.2012
in review petition in RA No.LP-16 of 2012 dismissing the review filed
by the appellant-Board by holding that the SLP(C) No.10896 of
2011 involving the same issue i.e. parity of pay scale is already
pending before the Supreme Court.
1
</para>
<para>
3.
The parity in the pay scales of two posts – Head Clerks and
the Internal Auditors in Group XII of the Punjab State Electricity
Board (PSEB) is the subject matter of the issue in these present
appeals. Brief facts of the case are as under:-
The Punjab State Electricity Board (PSEB), in exercise of the
power conferred under Section 79(c) of the Electricity (Supply) Act,
1948 framed “Punjab Public Works Departments (Electricity Branch)
State Service Class-III (Subordinate Posts) Rules, 1958 (adopted by
the Board) Amendment Regulations, 1975. The recruitment and
conditions of service governing the Head Clerks was introduced on
11.09.1985 which is called the Punjab State Electricity Board
Ministerial Services Class–III Regulations, 1985 providing for
educational qualifications and minimum experience required for
Head Clerks. Initially, the pay scale of Head Clerks was Rs.150-300
and the pay scale of Internal Auditors was Rs.130-240. The pay
scale of Internal Auditors was revised to Rs.150-300 w.e.f.
01.08.1963. Head Clerks and Internal Auditors were getting same
pay scale of Rs.225-500 from 01.06.1967 and Rs.620-1200 from
01.01.1978. From 21.03.1989, revised scale of pay of regular
employees was issued by the PSEB, and w.e.f. 01.01.1986, the
scale of pay of the Head Clerks and the Internal Auditors was
revised to Rs.1640-2925.
2
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
4.
Pay Anomaly Committee was constituted by the appellant-
Board to review the anomalies in the pay scales of various cadre.
That on the basis of the report of Pay Anomaly Committee, the pay
scale of both the categories - Internal Auditors and Head Clerks
have been improved vide office order No.223/Fin./PRC-1988 dated
03.10.1990. The Internal Auditors have been allowed the revised
scale of Rs.1800-3200 w.e.f. 01.01.1986 considering that the posts
of Internal Auditors are filled by 55% from direct recruitment and
45% by promotion. The Head Clerks have been allowed the pay
scale of Rs.2000-3500 with effect from 01.01.1986 and thus linked
the scale of Head Clerk with Superintendent Grade-II under State
Government.
5.
Aggrieved by the order dated 03.10.1990 issued by the
appellant-Board and alleging disparity and violation of Article 14 of
the Constitution of India, the respondents preferred Civil Writ
Petition No.10117 of 1992 before the High Court of Punjab and
Haryana at Chandigarh, contending that the Internal Auditors, Head
Clerks as well as Sub Fire Officers belong to same group viz. Group
XII and that Internal Auditors were always on par with the Head
Clerks being the promotional post from the post of Circle
Assistants/ARAs Group XII. It was averred that vide order
3
dated 03.10.1990, the appellant-Board fixed the pay scale of the
Internal Auditor at Rs.1800-3200 and of the Head Clerks at
Rs.2000-3500 and thus disturbing the parity in the pay scales of two
posts which were being maintained for more than two decades.
According to the respondents, the pay scale of Rs.1800-3200 had
been given to the post of Circle Assistant from which the
respondents were being promoted and there is no justification to
give the same pay scale to the promotional post as well as feeder
cadre. The said revision of pay scale was totally illogical and
without any justification. | <para>
4.
Pay Anomaly Committee was constituted by the appellant-
Board to review the anomalies in the pay scales of various cadre.
That on the basis of the report of Pay Anomaly Committee, the pay
scale of both the categories - Internal Auditors and Head Clerks
have been improved vide office order No.223/Fin./PRC-1988 dated
03.10.1990. The Internal Auditors have been allowed the revised
scale of Rs.1800-3200 w.e.f. 01.01.1986 considering that the posts
of Internal Auditors are filled by 55% from direct recruitment and
45% by promotion. The Head Clerks have been allowed the pay
scale of Rs.2000-3500 with effect from 01.01.1986 and thus linked
the scale of Head Clerk with Superintendent Grade-II under State
Government.
</para>
<para>
5.
Aggrieved by the order dated 03.10.1990 issued by the
appellant-Board and alleging disparity and violation of Article 14 of
the Constitution of India, the respondents preferred Civil Writ
Petition No.10117 of 1992 before the High Court of Punjab and
Haryana at Chandigarh, contending that the Internal Auditors, Head
Clerks as well as Sub Fire Officers belong to same group viz. Group
XII and that Internal Auditors were always on par with the Head
Clerks being the promotional post from the post of Circle
Assistants/ARAs Group XII. It was averred that vide order
3
dated 03.10.1990, the appellant-Board fixed the pay scale of the
Internal Auditor at Rs.1800-3200 and of the Head Clerks at
Rs.2000-3500 and thus disturbing the parity in the pay scales of two
posts which were being maintained for more than two decades.
According to the respondents, the pay scale of Rs.1800-3200 had
been given to the post of Circle Assistant from which the
respondents were being promoted and there is no justification to
give the same pay scale to the promotional post as well as feeder
cadre. The said revision of pay scale was totally illogical and
without any justification.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6.
In the counter affidavit filed before the High Court, the
appellant-Board contended that though the posts of Head Clerks
and Internal Auditors are categorised in Group XII, that cannot be
the reason for claiming parity of pay scale. It was averred that the
manner of recruitment, nature of duties and responsibilities of both
the cadres are entirely different and respondents cannot claim parity
of scale of pay. As per PSEB Ministerial Services Class-III
Regulations, 1975, the post of Head Clerk is a promotional post and
is generally available to the employees after completion of twenty-
five years of service; whereas in the case of Internal Auditors, they
are partly recruited directly from the market to the extent of 55% and
4
balance 45% from Circle Assistants/ARAs after obtaining option for
the purpose. According to the Board, on promotion the Circle
Assistant/ARA are also eligible to opt for the cadre of Head Clerk
and they cannot contend that they have not been given any
opportunity for the post of Head Clerk. It is averred that the exercise
of option to go in the channel of cadre of Internal Auditor is a
‘preferred option’ because of the promotional avenues with higher
scales of pay. In view of this position, the Pay Anomaly Committee
did not accept the demand of Internal Auditors to give parity with
Head Clerks in the matter of pay scale.
7.
Sub Fire Officers which is categorised in Group XII
approached the High Court by way of Civil Writ Petition No.9294 of
1993 seeking parity in pay scale as that of the Head Clerks and
Internal Auditors on the ground that they are included in the same
group viz., Group XII. The learned Single Judge vide judgment
dated 21.01.2010 allowed the CWP No.9294 of 1993 filed by the
Sub Fire Officers by holding that till some point of time, persons
working as Head Clerks, Head Clerk-cum-Divisional Accountants
and Internal Auditors were given same scale of pay and therefore,
parity of scale of pay cannot be denied to the Sub Fire Officers
5
when the scales were increased for other three classes of persons
within Group XII. | <para>
6.
In the counter affidavit filed before the High Court, the
appellant-Board contended that though the posts of Head Clerks
and Internal Auditors are categorised in Group XII, that cannot be
the reason for claiming parity of pay scale. It was averred that the
manner of recruitment, nature of duties and responsibilities of both
the cadres are entirely different and respondents cannot claim parity
of scale of pay. As per PSEB Ministerial Services Class-III
Regulations, 1975, the post of Head Clerk is a promotional post and
is generally available to the employees after completion of twenty-
five years of service; whereas in the case of Internal Auditors, they
are partly recruited directly from the market to the extent of 55% and
4
balance 45% from Circle Assistants/ARAs after obtaining option for
the purpose. According to the Board, on promotion the Circle
Assistant/ARA are also eligible to opt for the cadre of Head Clerk
and they cannot contend that they have not been given any
opportunity for the post of Head Clerk. It is averred that the exercise
of option to go in the channel of cadre of Internal Auditor is a
‘preferred option’ because of the promotional avenues with higher
scales of pay. In view of this position, the Pay Anomaly Committee
did not accept the demand of Internal Auditors to give parity with
Head Clerks in the matter of pay scale.
</para>
<para>
7.
Sub Fire Officers which is categorised in Group XII
approached the High Court by way of Civil Writ Petition No.9294 of
1993 seeking parity in pay scale as that of the Head Clerks and
Internal Auditors on the ground that they are included in the same
group viz., Group XII. The learned Single Judge vide judgment
dated 21.01.2010 allowed the CWP No.9294 of 1993 filed by the
Sub Fire Officers by holding that till some point of time, persons
working as Head Clerks, Head Clerk-cum-Divisional Accountants
and Internal Auditors were given same scale of pay and therefore,
parity of scale of pay cannot be denied to the Sub Fire Officers
5
when the scales were increased for other three classes of persons
within Group XII.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
8.
Against the order dated 21.01.2010 in CWP No.9294 of 1993,
the appellant-Board preferred LPA No.713 of 2010 which came to
be dismissed by the judgment dated 28.09.2010. Aggrieved by the
judgment dated 28.09.2010, the appellant preferred SLP(C)
No.10896 of 2011 before this Court wherein, notice was issued and
the same was pending for consideration before this Court.
9.
The learned Single Judge of the High Court by its order dated
11.11.2011 allowed the Civil Writ Petition No.10117 of 1992 filed by
the respondents-Internal Auditors claiming parity of pay scale with
the Head Clerks on the erroneous assumption that the respondents
are Sub Fire Officers or similarly situated as Sub Fire Officers who
are seeking parity of wages with other persons. The learned Single
Judge relying on the judgment in CWP No.9294 of 1993 dated
21.01.2010 allowed the writ petition without going into the merits of
the contention of either of the parties. Appeal (LPA No.713 of 2010)
preferred by the appellant-Board also came to be dismissed on the
ground that SLP (C) No.10896 of 2011 is pending before the
Supreme Court.
6 | <para>
8.
Against the order dated 21.01.2010 in CWP No.9294 of 1993,
the appellant-Board preferred LPA No.713 of 2010 which came to
be dismissed by the judgment dated 28.09.2010. Aggrieved by the
judgment dated 28.09.2010, the appellant preferred SLP(C)
No.10896 of 2011 before this Court wherein, notice was issued and
the same was pending for consideration before this Court.
</para>
<para>
9.
The learned Single Judge of the High Court by its order dated
11.11.2011 allowed the Civil Writ Petition No.10117 of 1992 filed by
the respondents-Internal Auditors claiming parity of pay scale with
the Head Clerks on the erroneous assumption that the respondents
are Sub Fire Officers or similarly situated as Sub Fire Officers who
are seeking parity of wages with other persons. The learned Single
Judge relying on the judgment in CWP No.9294 of 1993 dated
21.01.2010 allowed the writ petition without going into the merits of
the contention of either of the parties. Appeal (LPA No.713 of 2010)
preferred by the appellant-Board also came to be dismissed on the
ground that SLP (C) No.10896 of 2011 is pending before the
Supreme Court.
6
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
10.
In these appeals, we are concerned with the question of parity
of pay scale between the Head Clerks and the Internal Auditors.
Though various contentious issues arose for determination between
the parties, learned Single Judge as well as the Division Bench of
the High Court proceeded under the erroneous footing as if the
respondents are placed on par with Sub Fire Officer and held that
the issue is covered by the judgment in CWP No.9294 of 1993 and
that the issue is pending before the Supreme Court in SLP(C)
No.10896 of 2011. Since the writ petition was filed way back in the
year 1992 and the lis is pending between the parties for more than
twenty-six years, we have proceeded to consider the matter on
merits without remitting the matter back to the High Court. We have
heard the parties at length.
11. We have heard Mr. Nidhesh Gupta, learned Senior counsel
appearing for appellant-Board at length and Mr. Saravpreet Singh,
learned counsel appearing for the respondents. The learned Senior
counsel Mr. Nidhesh Gupta has inter alia made the following
submissions:-
Appellant-Board is competent to revise the pay scales in
terms of Regulation 3(g) of Punjab State Electricity Board
(Revised Pay) Regulations, 1988 in relation to any post
specified in Column No.2 of the Schedule.
7
Internal Auditors who have been directly recruited as Internal
Auditors against an open advertisement have consciously
applied for the post in the pay scale of Rs.1800-3200 cannot
raise a plea that they will have to be placed on par with Head
Clerks.
Promotional avenues available to the Internal Auditors are
far more in comparison to the promotional avenues which
are available to the Head Clerks; the pay scales which are
available in the promotional position are sharply higher
compared to the Head Clerks and exercise of option as
Internal Auditor is a “preferred option”.
Internal Auditors cannot claim parity with Head Clerks on the
premise that they are in Group XII; though there were only
four cadre in the year 1988 in Group XII, seven more posts
were added in Group XII by Finance Circular No.44/89
dated 15.06.1989. Thereafter, vide Finance Circular
No.45/89 dated 26.06.1989, there were further increase of
seven posts in Group XII and total fourteen posts were
added to Group XII. For all these posts, mode of recruitment,
qualifications, nature of duties and responsibilities are
entirely different and merely because the posts are
mentioned in one cadre, they cannot claim parity of scale of
pay.
If parity of pay scale is to be extended to the posts merely on
the ground that they are categorised in one Group
irrespective of the mode of recruitment, qualifications, nature
of duties and responsibilities, it will lead to huge financial
repercussion causing huge financial loss to PSEB which is a
public service-oriented institution.
8 | <para>
10.
In these appeals, we are concerned with the question of parity
of pay scale between the Head Clerks and the Internal Auditors.
Though various contentious issues arose for determination between
the parties, learned Single Judge as well as the Division Bench of
the High Court proceeded under the erroneous footing as if the
respondents are placed on par with Sub Fire Officer and held that
the issue is covered by the judgment in CWP No.9294 of 1993 and
that the issue is pending before the Supreme Court in SLP(C)
No.10896 of 2011. Since the writ petition was filed way back in the
year 1992 and the lis is pending between the parties for more than
twenty-six years, we have proceeded to consider the matter on
merits without remitting the matter back to the High Court. We have
heard the parties at length.
</para>
<para>
11. We have heard Mr. Nidhesh Gupta, learned Senior counsel
appearing for appellant-Board at length and Mr. Saravpreet Singh,
learned counsel appearing for the respondents. The learned Senior
counsel Mr. Nidhesh Gupta has inter alia made the following
submissions:-
Appellant-Board is competent to revise the pay scales in
terms of Regulation 3(g) of Punjab State Electricity Board
(Revised Pay) Regulations, 1988 in relation to any post
specified in Column No.2 of the Schedule.
7
Internal Auditors who have been directly recruited as Internal
Auditors against an open advertisement have consciously
applied for the post in the pay scale of Rs.1800-3200 cannot
raise a plea that they will have to be placed on par with Head
Clerks.
Promotional avenues available to the Internal Auditors are
far more in comparison to the promotional avenues which
are available to the Head Clerks; the pay scales which are
available in the promotional position are sharply higher
compared to the Head Clerks and exercise of option as
Internal Auditor is a “preferred option”.
Internal Auditors cannot claim parity with Head Clerks on the
premise that they are in Group XII; though there were only
four cadre in the year 1988 in Group XII, seven more posts
were added in Group XII by Finance Circular No.44/89
dated 15.06.1989. Thereafter, vide Finance Circular
No.45/89 dated 26.06.1989, there were further increase of
seven posts in Group XII and total fourteen posts were
added to Group XII. For all these posts, mode of recruitment,
qualifications, nature of duties and responsibilities are
entirely different and merely because the posts are
mentioned in one cadre, they cannot claim parity of scale of
pay.
If parity of pay scale is to be extended to the posts merely on
the ground that they are categorised in one Group
irrespective of the mode of recruitment, qualifications, nature
of duties and responsibilities, it will lead to huge financial
repercussion causing huge financial loss to PSEB which is a
public service-oriented institution.
8
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
12.
Learned counsel for the respondents Mr. Saravpreet Singh
submitted that posts of Internal Auditors being in Group XII, who
were on par with Head Clerks should be given parity of pay scale as
that of Head Clerks, irrespective of the promotional avenues
available to the Internal Auditors. It was submitted that the Internal
Auditors were always treated on par with Head Clerks being the
promotional post from the post of Circle Assistants/ARAs and when
so, there was no justification to disturb the parity in the pay scales of
two posts which were being maintained for quite some time.
Contention of the respondents is that there was a parity of pay
scales of the posts of Internal Auditors and Head Clerks for about
two decades and while so, the order dated 03.10.1990 issued by
the appellant-Board revising the pay scale of Head Clerks from
Rs.1640-2925 to Rs.2000-3500 has disturbed the long-standing
parity of pay scales of the posts of Head Clerks and the Internal
Auditors. It is their contention that where the parity in the pay scales
of two posts has been maintained over a period of time then, if the
pay scale of one post is revised, the said pay scale is to be
maintained for other post also and disturbing such parity would be
arbitrary and violative of the Article 14 and Article 16 of the
Constitution of India. Much arguments were advanced on the
retrospective operation of the order dated 03.10.1990 (w.e.f.
9
01.01.1986) contending that such retrospective operation has
caused serious prejudice to the Internal Auditors who have been
promoted between the year 1986 to 1990.
13.
In the light of the submissions, several issues arise for
determination inter alia are as under:-
Whether the Internal Auditors are entitled to claim parity of
pay scale with Head Clerks and Head Clerk–cum–Divisional
Accountants irrespective of the nature of recruitment,
qualifications and nature of duties and responsibilities?
Can the Internal Auditors claim equity of pay scale, merely
because they are in the same group (Class-XII) irrespective
of the nature of work and the internal qualification for
recruitment. In view of the promotional avenues available to
the Internal Auditors and the high pay scales which are
available in the promotional position, opting for Internal
Auditors, is it not a “preferred option”?
When there are about fourteen posts categorised in Group
XII, can Internal Auditors claim parity of pay scale with the
Head Clerks merely because they were categorised in
Group XII? | <para>
12.
Learned counsel for the respondents Mr. Saravpreet Singh
submitted that posts of Internal Auditors being in Group XII, who
were on par with Head Clerks should be given parity of pay scale as
that of Head Clerks, irrespective of the promotional avenues
available to the Internal Auditors. It was submitted that the Internal
Auditors were always treated on par with Head Clerks being the
promotional post from the post of Circle Assistants/ARAs and when
so, there was no justification to disturb the parity in the pay scales of
two posts which were being maintained for quite some time.
Contention of the respondents is that there was a parity of pay
scales of the posts of Internal Auditors and Head Clerks for about
two decades and while so, the order dated 03.10.1990 issued by
the appellant-Board revising the pay scale of Head Clerks from
Rs.1640-2925 to Rs.2000-3500 has disturbed the long-standing
parity of pay scales of the posts of Head Clerks and the Internal
Auditors. It is their contention that where the parity in the pay scales
of two posts has been maintained over a period of time then, if the
pay scale of one post is revised, the said pay scale is to be
maintained for other post also and disturbing such parity would be
arbitrary and violative of the Article 14 and Article 16 of the
Constitution of India. Much arguments were advanced on the
retrospective operation of the order dated 03.10.1990 (w.e.f.
9
01.01.1986) contending that such retrospective operation has
caused serious prejudice to the Internal Auditors who have been
promoted between the year 1986 to 1990.
</para>
<para>
13.
In the light of the submissions, several issues arise for
determination inter alia are as under:-
Whether the Internal Auditors are entitled to claim parity of
pay scale with Head Clerks and Head Clerk–cum–Divisional
Accountants irrespective of the nature of recruitment,
qualifications and nature of duties and responsibilities?
Can the Internal Auditors claim equity of pay scale, merely
because they are in the same group (Class-XII) irrespective
of the nature of work and the internal qualification for
recruitment. In view of the promotional avenues available to
the Internal Auditors and the high pay scales which are
available in the promotional position, opting for Internal
Auditors, is it not a “preferred option”?
When there are about fourteen posts categorised in Group
XII, can Internal Auditors claim parity of pay scale with the
Head Clerks merely because they were categorised in
Group XII?
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
14. Ordinarily, the courts will not enter upon the task of job
evaluation which is generally left to expert bodies like the Pay
Commission etc. The aggrieved employees claiming parity must
establish that they are unjustly treated by arbitrary action or
10
discriminated. In <cite>Kshetriya Kisan Gramin Bank v. D.B. Sharma
and Others (2001) 1 SCC 353</cite>, this Court held as under:-
“7. The next question that arises for consideration is, as to what
extent the High Court would be justified in exercise of its
extraordinary jurisdiction under Article 226 to interfere with the
findings of an expert body like the Equation Committee. In State of
U.P. and Others v. J.P. Chaurasia and Others (1989) 1 SCC 121,
this Court unequivocally held that in the matter of equation of posts
or equation of pay, the same should be left to the Executive
Government, who can get it determined by expert bodies like the
Pay Commission, and such expert body would be the best judge to
evaluate the nature of duties and responsibilities of the posts and
when such determination by a commission or committee is made,
the court should normally accept it and should not try to tinker with
such equivalence unless it is shown that it was made with
extraneous consideration….”
15.
In <cite>S.C. Chandra and Others v. State of Jharkhand and
Others (2007) 8 SCC 279</cite>, this Court held as under:-
“33. It may be mentioned that granting pay scales is a purely
executive function and hence the court should not interfere with the
same. It may have a cascading effect creating all kinds of problems
for the Government and authorities. Hence, the court should
exercise judicial restraint and not interfere in such executive
function vide <cite>Indian Drugs & Pharmaceuticals Ltd. v. Workmen,
Indian Drugs & Pharmaceuticals Ltd. (2007) 1 SCC 408</cite>.
………. | <para>
14. Ordinarily, the courts will not enter upon the task of job
evaluation which is generally left to expert bodies like the Pay
Commission etc. The aggrieved employees claiming parity must
establish that they are unjustly treated by arbitrary action or
10
discriminated. In <cite>Kshetriya Kisan Gramin Bank v. D.B. Sharma
and Others (2001) 1 SCC 353</cite>, this Court held as under:-
“7. The next question that arises for consideration is, as to what
extent the High Court would be justified in exercise of its
extraordinary jurisdiction under Article 226 to interfere with the
findings of an expert body like the Equation Committee. In State of
U.P. and Others v. J.P. Chaurasia and Others (1989) 1 SCC 121,
this Court unequivocally held that in the matter of equation of posts
or equation of pay, the same should be left to the Executive
Government, who can get it determined by expert bodies like the
Pay Commission, and such expert body would be the best judge to
evaluate the nature of duties and responsibilities of the posts and
when such determination by a commission or committee is made,
the court should normally accept it and should not try to tinker with
such equivalence unless it is shown that it was made with
extraneous consideration….”
</para>
<para>
15.
In <cite>S.C. Chandra and Others v. State of Jharkhand and
Others (2007) 8 SCC 279</cite>, this Court held as under:-
“33. It may be mentioned that granting pay scales is a purely
executive function and hence the court should not interfere with the
same. It may have a cascading effect creating all kinds of problems
for the Government and authorities. Hence, the court should
exercise judicial restraint and not interfere in such executive
function vide <cite>Indian Drugs & Pharmaceuticals Ltd. v. Workmen,
Indian Drugs & Pharmaceuticals Ltd. (2007) 1 SCC 408</cite>.
……….
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
35. In our opinion fixing pay scales by courts by applying the
principle of equal pay for equal work upsets the high constitutional
principle of separation of powers between the three organs of the
State. Realising this, this Court has in recent years avoided
applying the principle of equal pay for equal work, unless there is
complete and wholesale identity between the two groups (and there
too the matter should be sent for examination by an Expert
Committee appointed by the Government instead of the court itself
granting higher pay).
36. It is well settled by the Supreme Court that only because the
nature of work is the same, irrespective of educational qualification,
mode of appointment, experience and other relevant factors, the
principle of equal pay for equal work cannot apply vide <cite>Govt. of
W.B. v. Tarun K. Roy and Others (2004) 1 SCC 347</cite>.”
11
The same view was reiterated in <cite>Union Territory Administration,
Chandigarh and Others v. Manju Mathur and Another (2011) 2
SCC 452</cite>; <cite>State of Haryana and Others v. Charanjit Singh and
Others (2006) 9 SCC 321</cite> and in <cite>Hukum Chand Gupta v. Director
General, Indian Council of Agricultural Research and Others
(2012) 12 SCC 666</cite>. | <para>
35. In our opinion fixing pay scales by courts by applying the
principle of equal pay for equal work upsets the high constitutional
principle of separation of powers between the three organs of the
State. Realising this, this Court has in recent years avoided
applying the principle of equal pay for equal work, unless there is
complete and wholesale identity between the two groups (and there
too the matter should be sent for examination by an Expert
Committee appointed by the Government instead of the court itself
granting higher pay).
</para>
<para>
36. It is well settled by the Supreme Court that only because the
nature of work is the same, irrespective of educational qualification,
mode of appointment, experience and other relevant factors, the
principle of equal pay for equal work cannot apply vide <cite>Govt. of
W.B. v. Tarun K. Roy and Others (2004) 1 SCC 347</cite>.”
11
The same view was reiterated in <cite>Union Territory Administration,
Chandigarh and Others v. Manju Mathur and Another (2011) 2
SCC 452</cite>; <cite>State of Haryana and Others v. Charanjit Singh and
Others (2006) 9 SCC 321</cite> and in <cite>Hukum Chand Gupta v. Director
General, Indian Council of Agricultural Research and Others
(2012) 12 SCC 666</cite>.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
16. Observing that granting parity in pay scales depends upon the
comparative evaluation of job and equation of posts, in <cite>Steel
Authority of India Limited and Others v. Dibyendu Bhattacharya
(2011) 11 SCC 122</cite>, this Court held as under:-
“30. ……….. the law on the issue can be summarised to the effect
that parity of pay can be claimed by invoking the provisions of
Articles 14 and 39(d) of the Constitution of India by establishing that
the eligibility, mode of selection/recruitment, nature and quality of
work and duties and effort, reliability, confidentiality, dexterity,
functional need and responsibilities and status of both the posts are
identical. The functions may be the same but the skills and
responsibilities may be really and substantially different. The other
post may not require any higher qualification, seniority or other like
factors. Granting parity in pay scales depends upon the
comparative evaluation of job and equation of posts. The person
claiming parity, must plead necessary averments and prove that all
things are equal between the posts concerned. Such a complex
issue cannot be adjudicated by evaluating the affidavits filed by the
parties.”
17. Mode of recruitment of Head Clerks and Internal Auditors
and the qualifications:- In the light of the above principles, let us
consider the claim of Internal Auditors claiming parity of pay scale
with Head Clerks. The mode of appointment and the minimum
12
educational and other qualifications and experience required for
Head Clerk are as under:-
Sr.
No.
12
Name
of Post
Method of
appointment
Head
Clerk
promotion
By
from
Circle
Assistant/ARAs.,
who opt
for
promotion
as
Head Clerk
Minimum
educational
and
other qualifications
After having qualified
Departmental A/Cs,
Examination
for
Ministerial
Establishment, If not
already done or
specially expected
Minimum
Experience
Remarks
-
Three year’s
service as
Circle
Assistant/
Asst.
Revenue
Accountant | <para>
16. Observing that granting parity in pay scales depends upon the
comparative evaluation of job and equation of posts, in <cite>Steel
Authority of India Limited and Others v. Dibyendu Bhattacharya
(2011) 11 SCC 122</cite>, this Court held as under:-
“30. ……….. the law on the issue can be summarised to the effect
that parity of pay can be claimed by invoking the provisions of
Articles 14 and 39(d) of the Constitution of India by establishing that
the eligibility, mode of selection/recruitment, nature and quality of
work and duties and effort, reliability, confidentiality, dexterity,
functional need and responsibilities and status of both the posts are
identical. The functions may be the same but the skills and
responsibilities may be really and substantially different. The other
post may not require any higher qualification, seniority or other like
factors. Granting parity in pay scales depends upon the
comparative evaluation of job and equation of posts. The person
claiming parity, must plead necessary averments and prove that all
things are equal between the posts concerned. Such a complex
issue cannot be adjudicated by evaluating the affidavits filed by the
parties.”
</para>
<para>
17. Mode of recruitment of Head Clerks and Internal Auditors
and the qualifications:- In the light of the above principles, let us
consider the claim of Internal Auditors claiming parity of pay scale
with Head Clerks. The mode of appointment and the minimum
12
educational and other qualifications and experience required for
Head Clerk are as under:-
Sr.
No.
12
Name
of Post
Method of
appointment
Head
Clerk
promotion
By
from
Circle
Assistant/ARAs.,
who opt
for
promotion
as
Head Clerk
Minimum
educational
and
other qualifications
After having qualified
Departmental A/Cs,
Examination
for
Ministerial
Establishment, If not
already done or
specially expected
Minimum
Experience
Remarks
-
Three year’s
service as
Circle
Assistant/
Asst.
Revenue
Accountant
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
18.
Internal Auditors have been promoted from the Ministerial
Cadre i.e. from the post of Circle Assistants/ARAs, who had opted
for the post of Internal Auditor were to be allowed the scales in the
Ministerial Cadre considering the post of UDC as induction post.
The posts of Internal Auditors are filled by 55% from direct
recruitment and 45% by promotion who have opted for promotion to
come to the Revenue Cadre. The mode of appointment and the
minimum educational and other qualifications and experience
required for the post of Internal Auditor are as under:-
Sr.
No.
6.
Name
of Post
Method
Appointment
of
Internal
Auditor
i) By direct
appointment
(55%
vacancies)
of
ii) By promotion
from amongst
ARAs/Circle
Assistants who
opt
for
Minimum Educational
and
other
qualification
B.A. IInd class with
Honours in Economics
or
Statistics
Commerce
OR
B.Com IInd Class
OR
Intermediate Cost and
Minimum
Experience
Remarks
-
Three year’s
service as
Circle
Assistant/AR
A/UDC put
together out
of which as
13
promotion as
Internal Auditor
(45%
of
vacancies)
minimum of
one
year
service shall
be as Circle
Assistant/
ARA.
Works Accountant or
Intermediate
Chartered Accountant.
After having qualified
Departmental
Accounts Examination
for
Ministerial
Establishment, if not
already done or
specially exempted.
19. The pay scale prior to 01.08.1963 of Head Clerks was higher
than the pay scale of Internal Auditors i.e. pay scale of Head Clerks
was Rs.150-300 and pay scale of Internal Auditors was Rs.130-240.
The pay scale of Internal Auditors was Rs.130-240 and it was
subsequently revised to Rs.150-300 with effect from 01.08.1963 on
par with the Head Clerks. The pay scales of Head Clerks and
Internal Auditors remained intact upto the year-1986 revision. But
the pay scale of Head Clerks was revised from Rs.1640-2925 to
Rs.2000-3500 on the recommendation of the Pay Anomaly
Committee formed by the Board to review the anomalies in the pay
scales of 1986 revision linking the scale of Head Clerks with the
Superintendent Grade-II under the State Government. As discussed
infra, the pay scale of Internal Auditors was revised from Rs.1640-
2925 to Rs.1800-3200 and after nine years of service to Rs.1880-
3300 i.e. scale of Revenue Accountant and after sixteen years of
service Rs.2000-3500 as per Secretary (Finance) Office Order
14
No.244 dated 15.02.1991 considering the post of Internal Auditor as
induction post in the basic pay scale of Rs.1800-3200 for direct
recruits. | <para>
18.
Internal Auditors have been promoted from the Ministerial
Cadre i.e. from the post of Circle Assistants/ARAs, who had opted
for the post of Internal Auditor were to be allowed the scales in the
Ministerial Cadre considering the post of UDC as induction post.
The posts of Internal Auditors are filled by 55% from direct
recruitment and 45% by promotion who have opted for promotion to
come to the Revenue Cadre. The mode of appointment and the
minimum educational and other qualifications and experience
required for the post of Internal Auditor are as under:-
Sr.
No.
6.
Name
of Post
Method
Appointment
of
Internal
Auditor
i) By direct
appointment
(55%
vacancies)
of
ii) By promotion
from amongst
ARAs/Circle
Assistants who
opt
for
Minimum Educational
and
other
qualification
B.A. IInd class with
Honours in Economics
or
Statistics
Commerce
OR
B.Com IInd Class
OR
Intermediate Cost and
Minimum
Experience
Remarks
-
Three year’s
service as
Circle
Assistant/AR
A/UDC put
together out
of which as
13
promotion as
Internal Auditor
(45%
of
vacancies)
minimum of
one
year
service shall
be as Circle
Assistant/
ARA.
Works Accountant or
Intermediate
Chartered Accountant.
After having qualified
Departmental
Accounts Examination
for
Ministerial
Establishment, if not
already done or
specially exempted.
</para>
<para>
19. The pay scale prior to 01.08.1963 of Head Clerks was higher
than the pay scale of Internal Auditors i.e. pay scale of Head Clerks
was Rs.150-300 and pay scale of Internal Auditors was Rs.130-240.
The pay scale of Internal Auditors was Rs.130-240 and it was
subsequently revised to Rs.150-300 with effect from 01.08.1963 on
par with the Head Clerks. The pay scales of Head Clerks and
Internal Auditors remained intact upto the year-1986 revision. But
the pay scale of Head Clerks was revised from Rs.1640-2925 to
Rs.2000-3500 on the recommendation of the Pay Anomaly
Committee formed by the Board to review the anomalies in the pay
scales of 1986 revision linking the scale of Head Clerks with the
Superintendent Grade-II under the State Government. As discussed
infra, the pay scale of Internal Auditors was revised from Rs.1640-
2925 to Rs.1800-3200 and after nine years of service to Rs.1880-
3300 i.e. scale of Revenue Accountant and after sixteen years of
service Rs.2000-3500 as per Secretary (Finance) Office Order
14
No.244 dated 15.02.1991 considering the post of Internal Auditor as
induction post in the basic pay scale of Rs.1800-3200 for direct
recruits.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
20. Burden of proof on the person claiming parity of pay scale:-
Ordinarily, the scale of pay is fixed keeping in view the several
factors i.e. (i) method of recruitment; (ii) level at which recruitment is
made; (iii) the hierarchy of service in a given cadre; (iv) minimum
educational/technical qualifications required; (v) avenues of
promotion; (vi) the nature of duties and responsibilities; and (vii)
employer’s capacity to pay, etc.
21.
It is well settled that for considering the equation of posts and
the issue of equivalence of posts, the following factors had been held
to be determinative:-
(i) The nature and duties of a post;
(ii) The responsibilities and powers exercised by the officer
holding a post, the extent of territorial or other charge held
or responsibilities discharged;
(iii) The minimum qualifications, if any, prescribed for
recruitment to the post; and
(iv) The salary of the post (vide <cite>Union of India and Another v.
P.K. Roy and Others AIR 1968 SC 850</cite>). | <para>
20. Burden of proof on the person claiming parity of pay scale:-
Ordinarily, the scale of pay is fixed keeping in view the several
factors i.e. (i) method of recruitment; (ii) level at which recruitment is
made; (iii) the hierarchy of service in a given cadre; (iv) minimum
educational/technical qualifications required; (v) avenues of
promotion; (vi) the nature of duties and responsibilities; and (vii)
employer’s capacity to pay, etc.
</para>
<para>
21.
It is well settled that for considering the equation of posts and
the issue of equivalence of posts, the following factors had been held
to be determinative:-
(i) The nature and duties of a post;
(ii) The responsibilities and powers exercised by the officer
holding a post, the extent of territorial or other charge held
or responsibilities discharged;
(iii) The minimum qualifications, if any, prescribed for
recruitment to the post; and
(iv) The salary of the post (vide <cite>Union of India and Another v.
P.K. Roy and Others AIR 1968 SC 850</cite>).
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
22. After referring to <cite>P.K. Roy’s case</cite>, this Court, in SAIL, held as
under:-
“25. In <cite>State of Maharashtra and Another v. Chandrakant Anant
Kulkarni and Others (1981) 4 SCC 130</cite> and <cite>Vice-Chancellor, L.N.
Mithila University v. Dayanand Jha (1986) 3 SCC 7</cite>, a similar view
15
has been reiterated observing that equal status and nature and
responsibilities of the duties attached to the two posts have to be
taken into consideration for equivalence of the post. Similar view
has been reiterated in <cite>E.P. Royappa v. State of T.N. and Another
(1974) 4 SCC 3</cite> and <cite>Sub-Inspector Rooplal and Another v. Lt.
Governor Through Chief Secretary, Delhi and Others (2000) 1 SCC
644</cite>, wherein this Court following the earlier judgment in <cite>P.K. Roy
AIR 1968 SC 850</cite> held that the salary of the post alone may not be
a determining factor, the other three criterion should also be
fulfilled.”
23. The burden of proof in establishing parity in pay scales and the
nature of duties and responsibilities is on the person claiming such
right. The person claiming parity must produce material before the
court to prove that the nature of duties and functions are similar and
that they are entitled to parity of pay scales. After referring to number
of judgments and observing that it is the duty of an employee seeking
parity of pay to prove and establish that he had been discriminated
against, this Court, in SAIL, held as under:-
“22. It is the duty of an employee seeking parity of pay under Article
39(d) of the Constitution of India to prove and establish that he had
been discriminated against, as the question of parity has to be
decided on consideration of various facts and statutory rules, etc.
The doctrine of “equal pay for equal work” as enshrined under
Article 39(d) of the Constitution read with Article 14 thereof, cannot
be applied in a vacuum. The constitutional scheme postulates
equal pay for equal work for those who are equally placed in all
respects. The court must consider the factors like the source and
mode of recruitment/appointment, the qualifications, the nature of
work, the value thereof, responsibilities, reliability, experience,
confidentiality, functional need, etc. In other words, the equality
clause can be invoked in the matter of pay scales only when there
is wholesome/wholesale identity between the holders of two posts.
The burden of establishing right and parity in employment is only on
the person claiming such right. (<cite>Vide U.P. State Sugar Corpn. Ltd.
and Another v. Sant Raj Singh and Others (2006) 9 SCC 82</cite>, <cite>Union
of India and Another v. Mahajabeen Akhtar (2008) 1 SCC 368</cite>,
<cite>Union of India v. Dineshan K.K (2008) 1 SCC 586</cite>, <cite>Union of India
16
and Others v. Hiranmoy Sen and Others (2008) 1 SCC 630</cite>, <cite>Official
Liquidator v. Dayanand and Others (2008) 10 SCC 1</cite>, <cite>U.P. SEB and
Another v. Aziz Ahmad (2009) 2 SCC 606</cite> and <cite>State of M.P. and
Others v. Ramesh Chandra Bajpai (2009) 13 SCC 635</cite>)”. | <para>
22. After referring to <cite>P.K. Roy’s case</cite>, this Court, in SAIL, held as
under:-
“25. In <cite>State of Maharashtra and Another v. Chandrakant Anant
Kulkarni and Others (1981) 4 SCC 130</cite> and <cite>Vice-Chancellor, L.N.
Mithila University v. Dayanand Jha (1986) 3 SCC 7</cite>, a similar view
15
has been reiterated observing that equal status and nature and
responsibilities of the duties attached to the two posts have to be
taken into consideration for equivalence of the post. Similar view
has been reiterated in <cite>E.P. Royappa v. State of T.N. and Another
(1974) 4 SCC 3</cite> and <cite>Sub-Inspector Rooplal and Another v. Lt.
Governor Through Chief Secretary, Delhi and Others (2000) 1 SCC
644</cite>, wherein this Court following the earlier judgment in <cite>P.K. Roy
AIR 1968 SC 850</cite> held that the salary of the post alone may not be
a determining factor, the other three criterion should also be
fulfilled.”
</para>
<para>
23. The burden of proof in establishing parity in pay scales and the
nature of duties and responsibilities is on the person claiming such
right. The person claiming parity must produce material before the
court to prove that the nature of duties and functions are similar and
that they are entitled to parity of pay scales. After referring to number
of judgments and observing that it is the duty of an employee seeking
parity of pay to prove and establish that he had been discriminated
against, this Court, in SAIL, held as under:-
“22. It is the duty of an employee seeking parity of pay under Article
39(d) of the Constitution of India to prove and establish that he had
been discriminated against, as the question of parity has to be
decided on consideration of various facts and statutory rules, etc.
The doctrine of “equal pay for equal work” as enshrined under
Article 39(d) of the Constitution read with Article 14 thereof, cannot
be applied in a vacuum. The constitutional scheme postulates
equal pay for equal work for those who are equally placed in all
respects. The court must consider the factors like the source and
mode of recruitment/appointment, the qualifications, the nature of
work, the value thereof, responsibilities, reliability, experience,
confidentiality, functional need, etc. In other words, the equality
clause can be invoked in the matter of pay scales only when there
is wholesome/wholesale identity between the holders of two posts.
The burden of establishing right and parity in employment is only on
the person claiming such right. (<cite>Vide U.P. State Sugar Corpn. Ltd.
and Another v. Sant Raj Singh and Others (2006) 9 SCC 82</cite>, <cite>Union
of India and Another v. Mahajabeen Akhtar (2008) 1 SCC 368</cite>,
<cite>Union of India v. Dineshan K.K (2008) 1 SCC 586</cite>, <cite>Union of India
16
and Others v. Hiranmoy Sen and Others (2008) 1 SCC 630</cite>, <cite>Official
Liquidator v. Dayanand and Others (2008) 10 SCC 1</cite>, <cite>U.P. SEB and
Another v. Aziz Ahmad (2009) 2 SCC 606</cite> and <cite>State of M.P. and
Others v. Ramesh Chandra Bajpai (2009) 13 SCC 635</cite>)”.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
24. Nature of duties and responsibilities of Head Clerks are
different from the Internal Auditors:- The duties and nature of
work of Head Clerks and Internal Auditors are entirely different.
Head Clerk works under XEN, Drawing and Disbursement Officer
and there is only one Head Clerk in the Division Office. Head Clerk
is the Head of the establishment in the Divisional Office and total
work of the establishment is under the control of the Head Clerk.
The Head Clerk disburses the salaries and other payments of the
Sub-divisions and Division Offices and also maintains the leave and
other miscellaneous works for the Sub-divisions and the Division
Offices and discharges administrative functions and thus, has more
responsibilities. Per contra, Internal Auditor works under the control
of Chief Auditor. Duty of the Internal Auditor is to audit the billing of
the Revenue Department of the Sub-division Office which includes
billing of domestic supply to large supply. Internal Auditors work in
the Sub-division and there can be one or more Internal Auditors as
per quantity of work.
25.
It is thus well settled that it is the duty of an employee seeking
parity of scale of pay to prove that the educational qualifications
17
required for both the posts, mode of recruitment and the nature of
work performed by them are one and the same. There are neither
pleadings nor any material produced by the respondents to prove
that the nature of work performed by the Internal Auditors is similar
with that of the Head Clerks. In the writ petition, respondents have
claimed parity of pay scale only on the ground that they were
categorised in Group XII along with the Head Clerks. Merely on the
ground that the cadre of Internal Auditors are placed in Group XII
along with the Head Clerks, cannot be a ground for seeking parity of
pay scale. | <para>
24. Nature of duties and responsibilities of Head Clerks are
different from the Internal Auditors:- The duties and nature of
work of Head Clerks and Internal Auditors are entirely different.
Head Clerk works under XEN, Drawing and Disbursement Officer
and there is only one Head Clerk in the Division Office. Head Clerk
is the Head of the establishment in the Divisional Office and total
work of the establishment is under the control of the Head Clerk.
The Head Clerk disburses the salaries and other payments of the
Sub-divisions and Division Offices and also maintains the leave and
other miscellaneous works for the Sub-divisions and the Division
Offices and discharges administrative functions and thus, has more
responsibilities. Per contra, Internal Auditor works under the control
of Chief Auditor. Duty of the Internal Auditor is to audit the billing of
the Revenue Department of the Sub-division Office which includes
billing of domestic supply to large supply. Internal Auditors work in
the Sub-division and there can be one or more Internal Auditors as
per quantity of work.
</para>
<para>
25.
It is thus well settled that it is the duty of an employee seeking
parity of scale of pay to prove that the educational qualifications
17
required for both the posts, mode of recruitment and the nature of
work performed by them are one and the same. There are neither
pleadings nor any material produced by the respondents to prove
that the nature of work performed by the Internal Auditors is similar
with that of the Head Clerks. In the writ petition, respondents have
claimed parity of pay scale only on the ground that they were
categorised in Group XII along with the Head Clerks. Merely on the
ground that the cadre of Internal Auditors are placed in Group XII
along with the Head Clerks, cannot be a ground for seeking parity of
pay scale.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
26. Considering the differences in the nature of duties and
responsibilities performed by the Head Clerks and Internal Auditors,
Pay Anomaly Committee decided to allow the revised scale for
Internal Auditor at Rs.1800-3200 with benefit of promotional
increments and Rs.2000-3500 for Head Clerks. Merely because
Internal Auditors are categorised in Group XII along with Head
Clerks, the Internal Auditors cannot claim parity as the nature of
duties and responsibilities of Internal Auditors are different from
Head Clerks.
27. Report of the Pay Anomaly Committee:- The Pay Anomaly
Committee was constituted by the appellant-Board vide its Office
18
Order No.179/Fin./PRC-1988 dated 22.08.1989 to consider the pay
anomalies of various categories of employees in the revised scale
of pay w.e.f. 01.01.1986. Considering the post of Internal Auditors,
the mode of recruitment (55% from direct recruitment and 45% by
promotion from amongst ARAs/Circle Assistants), nature of work
and the promotional avenues available to the Internal Auditors, the
Pay Anomaly Committee took the view that Internal Auditors be
allowed revised scale of pay of Rs.1800-3200. The relevant portion
of the report of the Pay Anomaly Committee reads as under:-
“Revenue/Accounts Wing:
“Presently the posts of Internal Auditors are being filled up with
55% through direct recruitment and 45% by promotion from amongst
A.R.As/Circle Assistants. As per promotional channel available for
Revenue/Accounts Cadre in the PSEB, A.R.As/Circle Asstt are
promoted either as Internal Auditor, Head Clerk or Head Office Asst.
as per option available for them. Internal Auditors get promotion as
Revenue Accountant and then finally as Revenue Supdt. On
accounts side, A.R.As/Circle Asstt., after passing SAS Part-I
Examination, may at their option, get promotion as Divisional
Accountant. He can, however, opt immediately after passing the SAS
Part-I Examination to come over as Revenue Accountants (which
option shall be final). The Divisional Accountants get promotion as
SAS Accountant which post is to be handled by SAS Parts-I & II
passed personnels and involves higher duties and responsibilities.
Since the Punjab Govt. has allowed revised scale of Rs.1800-3200
for Circle Assistants and Rs.2000-3500 for S.A.S. Acctts. The
19
Committee felt it necessary to devise promotional scale of I.A.s R.As
and Revenue Suptt. between the revised scale allowed to Circle
Assistants (Rs.1800-3200) and SAS Accountants (Rs.2000-3500). It
has, therefore been decided by the Committee to allow the revised
scale as under:-
Internal Auditor Rs.1800-3200 with benefit of promotional
increment(s) being higher post than that of
Circle Asstt./Assistant Revenue Accountant as
Circle Asst./Assistant Revenue Accountants will
get promotion as Internal Auditor in the same
scale. | <para>
26. Considering the differences in the nature of duties and
responsibilities performed by the Head Clerks and Internal Auditors,
Pay Anomaly Committee decided to allow the revised scale for
Internal Auditor at Rs.1800-3200 with benefit of promotional
increments and Rs.2000-3500 for Head Clerks. Merely because
Internal Auditors are categorised in Group XII along with Head
Clerks, the Internal Auditors cannot claim parity as the nature of
duties and responsibilities of Internal Auditors are different from
Head Clerks.
</para>
<para>
27. Report of the Pay Anomaly Committee:- The Pay Anomaly
Committee was constituted by the appellant-Board vide its Office
18
Order No.179/Fin./PRC-1988 dated 22.08.1989 to consider the pay
anomalies of various categories of employees in the revised scale
of pay w.e.f. 01.01.1986. Considering the post of Internal Auditors,
the mode of recruitment (55% from direct recruitment and 45% by
promotion from amongst ARAs/Circle Assistants), nature of work
and the promotional avenues available to the Internal Auditors, the
Pay Anomaly Committee took the view that Internal Auditors be
allowed revised scale of pay of Rs.1800-3200. The relevant portion
of the report of the Pay Anomaly Committee reads as under:-
“Revenue/Accounts Wing:
“Presently the posts of Internal Auditors are being filled up with
55% through direct recruitment and 45% by promotion from amongst
A.R.As/Circle Assistants. As per promotional channel available for
Revenue/Accounts Cadre in the PSEB, A.R.As/Circle Asstt are
promoted either as Internal Auditor, Head Clerk or Head Office Asst.
as per option available for them. Internal Auditors get promotion as
Revenue Accountant and then finally as Revenue Supdt. On
accounts side, A.R.As/Circle Asstt., after passing SAS Part-I
Examination, may at their option, get promotion as Divisional
Accountant. He can, however, opt immediately after passing the SAS
Part-I Examination to come over as Revenue Accountants (which
option shall be final). The Divisional Accountants get promotion as
SAS Accountant which post is to be handled by SAS Parts-I & II
passed personnels and involves higher duties and responsibilities.
Since the Punjab Govt. has allowed revised scale of Rs.1800-3200
for Circle Assistants and Rs.2000-3500 for S.A.S. Acctts. The
19
Committee felt it necessary to devise promotional scale of I.A.s R.As
and Revenue Suptt. between the revised scale allowed to Circle
Assistants (Rs.1800-3200) and SAS Accountants (Rs.2000-3500). It
has, therefore been decided by the Committee to allow the revised
scale as under:-
Internal Auditor Rs.1800-3200 with benefit of promotional
increment(s) being higher post than that of
Circle Asstt./Assistant Revenue Accountant as
Circle Asst./Assistant Revenue Accountants will
get promotion as Internal Auditor in the same
scale.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
28. Considering the Pay Anomaly Committee Report 08/1990,
appellant-Board revised the existing scale of pay of Internal Auditors
from Rs.1640-2925 to Rs.1800-3200 with the benefit of promotional
increment to Circle Assistants/ARAs on their promotion to the post
of Internal Auditors. By the same order, the existing scale of pay of
the post of Head Clerks was revised from Rs.1640-2925 to
Rs.2000-3500.
29. Considering the grievances of its employees, second Pay
Anomaly Committee was constituted vide Office Order No.48/ENG-
30(25) by the appellant-Board. PSEB Employees Federation raised
the grievance about the disparity in the pay scale of Head Clerks
and Internal Auditors. Considering the grievances, Pay Anomaly
Committee took the view that having regard to the nature of duties
and responsibilities attached to the posts and skill involved in the
20
performance of the job, the nature of duties of Head Clerks and the
Internal Auditors and the promotional avenues available to them are
entirely different and that there is no parity of the categories of
Revenue Accountants/Divisional Accountants and Internal Auditors
with the Head Clerks and that they cannot claim parity. The relevant
portion of the report of Second Pay Anomaly Committee reads as
under:-
“4.1 The Committee has reviewed the position with regard to the
agenda put up to the Pay Anomaly Committee by the Secretary Pay
Revision Committee and nature of duties of each category of
employees, qualifications prescribed and time-bound scales allowed
to direct recruitees where the recruitment through direct recruitment
or
its
recommendations/observation as under:-
by qualifying D.A.E.
and make
etc.
in
improvement
the scale of
i) The Pay Anomaly Committee has already considered the
representations of the employees and did not recommend
any
Divisional
Accountant/Revenue Accountant and Internal Auditor,
that there is no parity of these categories with Head Clerk
as their nature of duties are different, promotional
channel is different and the induction posts has been
made for directly recruited 55% Internal Auditors and
Revenue Accountants who have been deployed as
Revenue Acctt; after they have passed SAS Part-I
Examination. The Head Clerk is a promotional
post/category and they are genially promoted after putting
a long service of about twenty-five years in the Ministerial
Cadre from the post of LDC/UDC, Circle Asstt;/A.R.A. etc.
whereas the Divisional Accountants are posted when they
qualify the D.A.E. of SAS Part-I. The Divisional
21
Accountants have also been allowed time-bound scales
which is not available to the post of Head Clerk.
ii) On the promotion from Circle Asstt;/ARA to the post of
H.O. Assistant & Internal Auditor in the same scale of
Rs.1800-3200, benefit of promotional increments is
available.
iii) ………
iv) In the Ministerial Cadre, the H.O. Cadre or amongst the
Circle Asstt;/ARA who opt for the post of H.O. Assistant.
The post of Head Clerk is filled up amongst the Circle
Asstt;/ARAs who opt for the post of Head Clerk. The post
of Internal Auditor is filled up 55% by direct recruitment
and 45% amongst Circle Asstt;/ARAs was opt for the post
of Internal Auditors.
v) The scale of H.O. Assistant and Head Clerks have been
revised on the pattern of Punjab Govt; and these
categories are traditionally linked with the State Govt;
whereas the categories of Internal Auditors, Revenue
Acctt; Divisional Accountants are exclusively PSEB
categories.
vi) Nature of duties of the Head Clerk and the Internal
Auditor/H.O. Assistant are not identical. So the Pay
Anomaly Committee separated the scales considering the
nature of duties and promotional channels etc; | <para>
28. Considering the Pay Anomaly Committee Report 08/1990,
appellant-Board revised the existing scale of pay of Internal Auditors
from Rs.1640-2925 to Rs.1800-3200 with the benefit of promotional
increment to Circle Assistants/ARAs on their promotion to the post
of Internal Auditors. By the same order, the existing scale of pay of
the post of Head Clerks was revised from Rs.1640-2925 to
Rs.2000-3500.
</para>
<para>
29. Considering the grievances of its employees, second Pay
Anomaly Committee was constituted vide Office Order No.48/ENG-
30(25) by the appellant-Board. PSEB Employees Federation raised
the grievance about the disparity in the pay scale of Head Clerks
and Internal Auditors. Considering the grievances, Pay Anomaly
Committee took the view that having regard to the nature of duties
and responsibilities attached to the posts and skill involved in the
20
performance of the job, the nature of duties of Head Clerks and the
Internal Auditors and the promotional avenues available to them are
entirely different and that there is no parity of the categories of
Revenue Accountants/Divisional Accountants and Internal Auditors
with the Head Clerks and that they cannot claim parity. The relevant
portion of the report of Second Pay Anomaly Committee reads as
under:-
“4.1 The Committee has reviewed the position with regard to the
agenda put up to the Pay Anomaly Committee by the Secretary Pay
Revision Committee and nature of duties of each category of
employees, qualifications prescribed and time-bound scales allowed
to direct recruitees where the recruitment through direct recruitment
or
its
recommendations/observation as under:-
by qualifying D.A.E.
and make
etc.
in
improvement
the scale of
i) The Pay Anomaly Committee has already considered the
representations of the employees and did not recommend
any
Divisional
Accountant/Revenue Accountant and Internal Auditor,
that there is no parity of these categories with Head Clerk
as their nature of duties are different, promotional
channel is different and the induction posts has been
made for directly recruited 55% Internal Auditors and
Revenue Accountants who have been deployed as
Revenue Acctt; after they have passed SAS Part-I
Examination. The Head Clerk is a promotional
post/category and they are genially promoted after putting
a long service of about twenty-five years in the Ministerial
Cadre from the post of LDC/UDC, Circle Asstt;/A.R.A. etc.
whereas the Divisional Accountants are posted when they
qualify the D.A.E. of SAS Part-I. The Divisional
21
Accountants have also been allowed time-bound scales
which is not available to the post of Head Clerk.
ii) On the promotion from Circle Asstt;/ARA to the post of
H.O. Assistant & Internal Auditor in the same scale of
Rs.1800-3200, benefit of promotional increments is
available.
iii) ………
iv) In the Ministerial Cadre, the H.O. Cadre or amongst the
Circle Asstt;/ARA who opt for the post of H.O. Assistant.
The post of Head Clerk is filled up amongst the Circle
Asstt;/ARAs who opt for the post of Head Clerk. The post
of Internal Auditor is filled up 55% by direct recruitment
and 45% amongst Circle Asstt;/ARAs was opt for the post
of Internal Auditors.
v) The scale of H.O. Assistant and Head Clerks have been
revised on the pattern of Punjab Govt; and these
categories are traditionally linked with the State Govt;
whereas the categories of Internal Auditors, Revenue
Acctt; Divisional Accountants are exclusively PSEB
categories.
vi) Nature of duties of the Head Clerk and the Internal
Auditor/H.O. Assistant are not identical. So the Pay
Anomaly Committee separated the scales considering the
nature of duties and promotional channels etc;
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5.1 The Committee is of the view that the option may be given to
the employees who have been promoted between 01.01.1986 to
03.10.1990 (the date of office order vide which scale of Head
Clerk revised) as H.O. Assistant & Internal Auditor for the post of
Head Clerk, provided some vacancies are available in the cadre
of Head Clerk. Till the vacancy is falling due, they will be H.O.
Assistant or Internal Auditor, as the case may be, but on the
appointment as Head Clerk they will be given the seniority as
would have been if he would have exercised their option as Head
Clerk in the first instance on promotion from Circle Asstt;/ARA.
The financial implication would be nominal.
22
5.2
The Committee recommends that the scales already
allowed by the Board on the recommendation of Pay Revision
Committee and further improved on the recommendation of Pay
Anomaly Committee may not be further improved otherwise this
would create number of complications, demand from other
categories for further revision of their pay scales also. The cases
filed by the Divisional Accountant & Internal Auditors in the Punjab
& Haryana High Court be defended by the Board on the basis of
record and regulations of the Board….. [Underlining added].” | <para>
5.1 The Committee is of the view that the option may be given to
the employees who have been promoted between 01.01.1986 to
03.10.1990 (the date of office order vide which scale of Head
Clerk revised) as H.O. Assistant & Internal Auditor for the post of
Head Clerk, provided some vacancies are available in the cadre
of Head Clerk. Till the vacancy is falling due, they will be H.O.
Assistant or Internal Auditor, as the case may be, but on the
appointment as Head Clerk they will be given the seniority as
would have been if he would have exercised their option as Head
Clerk in the first instance on promotion from Circle Asstt;/ARA.
The financial implication would be nominal.
22
</para>
<para>
5.2
The Committee recommends that the scales already
allowed by the Board on the recommendation of Pay Revision
Committee and further improved on the recommendation of Pay
Anomaly Committee may not be further improved otherwise this
would create number of complications, demand from other
categories for further revision of their pay scales also. The cases
filed by the Divisional Accountant & Internal Auditors in the Punjab
& Haryana High Court be defended by the Board on the basis of
record and regulations of the Board….. [Underlining added].”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
30.
Internal Auditors cannot claim parity:- Grievance of the
respondents is that there was a parity of pay scale of the posts of
Internal Auditors and Head Clerks for about two decades and while
so, the order dated 03.10.1990 revising the pay scale of Head
Clerks from Rs.1640-2925 to Rs.2000-3500 has disturbed the long-
standing parity of pay scales of the posts of Head Clerks and the
Internal Auditors. It is their contention that where the employer has
been maintaining parity in the pay scales of two posts over a period
of time then, if the pay scale of one post is revised, the said parity of
pay scale is to be maintained and disturbing such parity would be
arbitrary and violative of the Article 14 and Article 16 of the
Constitution of India.
31. Though the above arguments of the respondents appear to be
attractive, when considered in the light of the well settled principles,
we find no merit in the contention. Equation of posts and revision of
23
pay scale is within the domain of the Government. The matter
should be left to the discretion and expertise of the Pay Committee
and the Government to take the decision on the scale of
pay/revision of pay scale by considering the nature of duties and
responsibilities. As pointed out earlier, the Pay Anomaly Committee
has given elaborate reasons for revising the pay scales of the Head
Clerks at Rs.2000-3500 and Internal Auditors at Rs.1800-3200. The
conclusion arrived at by the experts/Pay Anomaly Committee are
not susceptible to judicial review and the courts are not to interfere
with the decision of the Government which is based on the opinion
of the experts. | <para>
30.
Internal Auditors cannot claim parity:- Grievance of the
respondents is that there was a parity of pay scale of the posts of
Internal Auditors and Head Clerks for about two decades and while
so, the order dated 03.10.1990 revising the pay scale of Head
Clerks from Rs.1640-2925 to Rs.2000-3500 has disturbed the long-
standing parity of pay scales of the posts of Head Clerks and the
Internal Auditors. It is their contention that where the employer has
been maintaining parity in the pay scales of two posts over a period
of time then, if the pay scale of one post is revised, the said parity of
pay scale is to be maintained and disturbing such parity would be
arbitrary and violative of the Article 14 and Article 16 of the
Constitution of India.
</para>
<para>
31. Though the above arguments of the respondents appear to be
attractive, when considered in the light of the well settled principles,
we find no merit in the contention. Equation of posts and revision of
23
pay scale is within the domain of the Government. The matter
should be left to the discretion and expertise of the Pay Committee
and the Government to take the decision on the scale of
pay/revision of pay scale by considering the nature of duties and
responsibilities. As pointed out earlier, the Pay Anomaly Committee
has given elaborate reasons for revising the pay scales of the Head
Clerks at Rs.2000-3500 and Internal Auditors at Rs.1800-3200. The
conclusion arrived at by the experts/Pay Anomaly Committee are
not susceptible to judicial review and the courts are not to interfere
with the decision of the Government which is based on the opinion
of the experts.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
32. Conscious exercise of option to go as Internal Auditors:-
On behalf of the appellant-Board, the learned Senior counsel
has drawn our attention to the various promotional avenues
available to the Internal Auditors and the sharp rise in the scale of
pay in such promotional position. The Circle Assistants had been
asked to exercise their option to go in the channel of promotion of
Head Clerks or in the channel of Internal Auditors. Those who have
chosen the channel of Internal Auditors post on 03.10.1990 have
consciously chosen to exercise the option of Internal Auditors being
mindful of the fact that the pay scale of the Head Clerks is higher
24
than that of Internal Auditors; yet they have chosen to exercise the
option of Internal Auditors. Those who have exercised their option
for the post of Internal Auditors post on 03.10.1990, in our
considered view, cannot make a grievance about their revised scale
of pay at Rs.1800-3200 which is not on par with the Head Clerks.
33.
Likewise, the Internal Auditors who have been directly
recruited as Internal Auditors, have consciously applied for the post
of Internal Auditors in the scale of pay of Rs.1800-3200, cannot
raise a plea claiming parity of pay scale as that of the Head Clerks,
since they have been directly recruited as per advertisement against
the post of Internal Auditors. | <para>
32. Conscious exercise of option to go as Internal Auditors:-
On behalf of the appellant-Board, the learned Senior counsel
has drawn our attention to the various promotional avenues
available to the Internal Auditors and the sharp rise in the scale of
pay in such promotional position. The Circle Assistants had been
asked to exercise their option to go in the channel of promotion of
Head Clerks or in the channel of Internal Auditors. Those who have
chosen the channel of Internal Auditors post on 03.10.1990 have
consciously chosen to exercise the option of Internal Auditors being
mindful of the fact that the pay scale of the Head Clerks is higher
24
than that of Internal Auditors; yet they have chosen to exercise the
option of Internal Auditors. Those who have exercised their option
for the post of Internal Auditors post on 03.10.1990, in our
considered view, cannot make a grievance about their revised scale
of pay at Rs.1800-3200 which is not on par with the Head Clerks.
</para>
<para>
33.
Likewise, the Internal Auditors who have been directly
recruited as Internal Auditors, have consciously applied for the post
of Internal Auditors in the scale of pay of Rs.1800-3200, cannot
raise a plea claiming parity of pay scale as that of the Head Clerks,
since they have been directly recruited as per advertisement against
the post of Internal Auditors.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
34. The grievance of the respondents is that since the order dated
03.10.1990 has been given retrospective effect w.e.f. 01.01.1986,
those of them who have exercised their option as Internal Auditors
between 01.01.1986 to 03.10.1990 are deprived of the parity of pay
scale. It was further submitted that had such a disparity of pay scale
between the Head Clerks and the Internal Auditors was in force from
the year 1986 onwards, the Circle Assistants/ARAs would not have
exercised their option for promotion as Internal Auditors and they
might have chosen to exercise their option for promotion as Head
Clerks. This contention though appears to be attractive, by
25
consideration of the same, it lacks merit for more than one reason.
As rightly submitted by the learned Senior counsel for the appellant-
Board, exercise of option for promotion as Internal Auditor was a
“conscious option”. Further, it was always open to the appellant-
Board to revise the scale of pay in terms of Regulation 3(g) of the
Punjab State Electricity Board (Revised Pay) Regulations, 1988.
35. That apart, while recommending the different pay scales for
Head Clerks and Internal Auditors, the Pay Anomaly Committee was
conscious about those Circle Assistants/ARAs who have already
exercised their option for promotion as Head Clerks between
01.01.1986 to 03.10.1990. The Pay Anomaly Committee in para
(5.1) of its report expressed its view that the option may be given to
the employees who have been promoted between 01.01.1986 to
03.10.1990 as Head Clerks and Internal Auditors for the post of
Head Clerk, provided some vacancies are available in the cadre of
Head Clerk. The Pay Anomaly Committee has also expressed its
view that once they are appointed as Head Clerks, they will be
given the seniority as would have been if they would have exercised
their option as Head Clerks in the first instance on promotion from
Circle Assistants/ARAs. The grievance of the respondents in this
26
regard has been taken note by the Pay Anomaly Committee and as
per its view in para (5.1), the same is redressed. | <para>
34. The grievance of the respondents is that since the order dated
03.10.1990 has been given retrospective effect w.e.f. 01.01.1986,
those of them who have exercised their option as Internal Auditors
between 01.01.1986 to 03.10.1990 are deprived of the parity of pay
scale. It was further submitted that had such a disparity of pay scale
between the Head Clerks and the Internal Auditors was in force from
the year 1986 onwards, the Circle Assistants/ARAs would not have
exercised their option for promotion as Internal Auditors and they
might have chosen to exercise their option for promotion as Head
Clerks. This contention though appears to be attractive, by
25
consideration of the same, it lacks merit for more than one reason.
As rightly submitted by the learned Senior counsel for the appellant-
Board, exercise of option for promotion as Internal Auditor was a
“conscious option”. Further, it was always open to the appellant-
Board to revise the scale of pay in terms of Regulation 3(g) of the
Punjab State Electricity Board (Revised Pay) Regulations, 1988.
</para>
<para>
35. That apart, while recommending the different pay scales for
Head Clerks and Internal Auditors, the Pay Anomaly Committee was
conscious about those Circle Assistants/ARAs who have already
exercised their option for promotion as Head Clerks between
01.01.1986 to 03.10.1990. The Pay Anomaly Committee in para
(5.1) of its report expressed its view that the option may be given to
the employees who have been promoted between 01.01.1986 to
03.10.1990 as Head Clerks and Internal Auditors for the post of
Head Clerk, provided some vacancies are available in the cadre of
Head Clerk. The Pay Anomaly Committee has also expressed its
view that once they are appointed as Head Clerks, they will be
given the seniority as would have been if they would have exercised
their option as Head Clerks in the first instance on promotion from
Circle Assistants/ARAs. The grievance of the respondents in this
26
regard has been taken note by the Pay Anomaly Committee and as
per its view in para (5.1), the same is redressed.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
36. Promotional avenues available to the Internal Auditors:-
Promotional channels which are available against the post of Head
Clerk, Internal Auditor and Senior Assistant are as under:-
Head Clerk
Circle
Superintendent
Internal Auditor
1) Revenue Accountant
Senior Assistant
1)Superintendent Grade II
2)Superintendent Grade I
3) Under Secretary
4) Dy. Secretary
2)Revenue Superintendent
3) Accounts Officer*
4) Deputy Chief Accounts
Officer*
5) Chief Accounts Officer*
*Subject to passing of SAS
Part
II
Examination
and Part
I
By perusal of the above, it is seen that the promotional avenues
which are available to all the Internal Auditors are far more in
comparison to the promotional avenues which are available to the
Head Clerks. Therefore, for this reason also, option of Internal
Auditors which has been exercised by the Internal Auditors was a
“conscious option” exercised by them because of more
promotional avenues may available in the channel of Internal
Auditors.
37. That apart, the pay scales which are available in the
promotional channel for Internal Auditors are also sharply higher
than the Head Clerks. A Head Clerk on promotion to a Circle
Superintendent receives one additional increment above the scale
27
of Rs.10900- 34800 plus grade pay of Rs.5450 (i.e. available to a
Head Clerk). However, in the Internal Auditors channel, further
promotion as Accounts Officer will be in the pay scale of Rs.16650-
39100 plus grade pay of Rs.5800. Thereafter, on promotion as
Deputy Chief Accounts Officer, he receives one further increment
and the grade pay increases to Rs.8500. Thereafter, on further
promotion as Chief Accounts Officer, he goes into the scale of
Rs.41300-67000 plus grade pay of Rs.9600. Two senior-most Chief
Accounts Officers are put in the scale equivalent to Chief Engineer
i.e. Rs.41300-67000 plus grade pay of Rs.10500. From submission
of the appellant-Board, we find that the increase in the pay scale is
much higher on promotion against the post in the Internal Auditor
promotional channel. Thus, for the said reason also, the choice of
Internal Auditors made by all the persons (including those who have
exercised the option between 01.01.1986 to 03.10.1990) is a
reasoned choice keeping in view the greater promotional avenues
and the higher pay scales which are available. | <para>
36. Promotional avenues available to the Internal Auditors:-
Promotional channels which are available against the post of Head
Clerk, Internal Auditor and Senior Assistant are as under:-
Head Clerk
Circle
Superintendent
Internal Auditor
1) Revenue Accountant
Senior Assistant
1)Superintendent Grade II
2)Superintendent Grade I
3) Under Secretary
4) Dy. Secretary
2)Revenue Superintendent
3) Accounts Officer*
4) Deputy Chief Accounts
Officer*
5) Chief Accounts Officer*
*Subject to passing of SAS
Part
II
Examination
and Part
I
By perusal of the above, it is seen that the promotional avenues
which are available to all the Internal Auditors are far more in
comparison to the promotional avenues which are available to the
Head Clerks. Therefore, for this reason also, option of Internal
Auditors which has been exercised by the Internal Auditors was a
“conscious option” exercised by them because of more
promotional avenues may available in the channel of Internal
Auditors.
</para>
<para>
37. That apart, the pay scales which are available in the
promotional channel for Internal Auditors are also sharply higher
than the Head Clerks. A Head Clerk on promotion to a Circle
Superintendent receives one additional increment above the scale
27
of Rs.10900- 34800 plus grade pay of Rs.5450 (i.e. available to a
Head Clerk). However, in the Internal Auditors channel, further
promotion as Accounts Officer will be in the pay scale of Rs.16650-
39100 plus grade pay of Rs.5800. Thereafter, on promotion as
Deputy Chief Accounts Officer, he receives one further increment
and the grade pay increases to Rs.8500. Thereafter, on further
promotion as Chief Accounts Officer, he goes into the scale of
Rs.41300-67000 plus grade pay of Rs.9600. Two senior-most Chief
Accounts Officers are put in the scale equivalent to Chief Engineer
i.e. Rs.41300-67000 plus grade pay of Rs.10500. From submission
of the appellant-Board, we find that the increase in the pay scale is
much higher on promotion against the post in the Internal Auditor
promotional channel. Thus, for the said reason also, the choice of
Internal Auditors made by all the persons (including those who have
exercised the option between 01.01.1986 to 03.10.1990) is a
reasoned choice keeping in view the greater promotional avenues
and the higher pay scales which are available.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
38.
It is also relevant to note that insofar as the direct recruits are
concerned, the direct recruited Internal Auditors are entitled to a
time-bound promotional scale on completion of nine and sixteen
years of service. Time-bound promotional scale of directly recruited
28
Internal Auditors after regular service of nine years is Rs.1900-3300
(unrevised) and after completion of sixteen years of service is
Rs.2000-3500 (unrevised). However, no such time-bound
promotional scale is available to Head Clerks. Head Clerks are not
directly recruited and their appointment as Head Clerk is by
promotion only.
39. The only ground urged by respondents-Internal Auditors is
that parity of pay scale between the Head Clerks and the Internal
Auditors was maintained by the appellant-Board for more than two
decades and while so, disturbing the parity is arbitrary and illegal.
The Court has to keep in mind that a mere difference in service
conditions, does not amount to discrimination. Unless there is
complete identity between the two posts, they should not be treated
as equivalent to claim parity of pay scale. No doubt, Internal
Auditors were earlier placed in the same group namely Group XII;
but educational qualifications for the post of Head Clerk and mode
of recruitment are different. As submitted by the learned Senior
Counsel for the appellant-Board, that in the year 1980, there were
only four posts in Group XII but subsequently some posts were
added to Group XII and the total fourteen posts which were added
to Group XII are:- Punjabi Teacher, Drawing Teacher, Hindi Teacher,
D.P.Ed. Teacher, Master/Mistress, Science Teacher, Security
29
Inspector, Modeller Divisional Head Draftsman, Prosecuting
Inspector (now Law Officer), Law Officer Grade II, Medical
Assistant, Librarian and Fire Officer, etc. For all these posts, source
and mode of recruitment, qualifications and nature of work are
entirely different. If the contention of the Internal Auditors for
claiming parity of pay scale with that of Head Clerks merely on the
ground that the post of Internal Auditor was placed in Group XII,
then if such parity of pay scale may have to be extended to all other
posts, it would have huge financial implication on the finance of the
Board which is a service-oriented institution owing to the
consumers. As held in <cite>Union of India and Another v. Manik Lal
Banerjee (2006) 9 SCC 643</cite>, “it is now a well settled principle of law
that financial implication is a relevant factor for accepting the
revision of pay.” | <para>
38.
It is also relevant to note that insofar as the direct recruits are
concerned, the direct recruited Internal Auditors are entitled to a
time-bound promotional scale on completion of nine and sixteen
years of service. Time-bound promotional scale of directly recruited
28
Internal Auditors after regular service of nine years is Rs.1900-3300
(unrevised) and after completion of sixteen years of service is
Rs.2000-3500 (unrevised). However, no such time-bound
promotional scale is available to Head Clerks. Head Clerks are not
directly recruited and their appointment as Head Clerk is by
promotion only.
</para>
<para>
39. The only ground urged by respondents-Internal Auditors is
that parity of pay scale between the Head Clerks and the Internal
Auditors was maintained by the appellant-Board for more than two
decades and while so, disturbing the parity is arbitrary and illegal.
The Court has to keep in mind that a mere difference in service
conditions, does not amount to discrimination. Unless there is
complete identity between the two posts, they should not be treated
as equivalent to claim parity of pay scale. No doubt, Internal
Auditors were earlier placed in the same group namely Group XII;
but educational qualifications for the post of Head Clerk and mode
of recruitment are different. As submitted by the learned Senior
Counsel for the appellant-Board, that in the year 1980, there were
only four posts in Group XII but subsequently some posts were
added to Group XII and the total fourteen posts which were added
to Group XII are:- Punjabi Teacher, Drawing Teacher, Hindi Teacher,
D.P.Ed. Teacher, Master/Mistress, Science Teacher, Security
29
Inspector, Modeller Divisional Head Draftsman, Prosecuting
Inspector (now Law Officer), Law Officer Grade II, Medical
Assistant, Librarian and Fire Officer, etc. For all these posts, source
and mode of recruitment, qualifications and nature of work are
entirely different. If the contention of the Internal Auditors for
claiming parity of pay scale with that of Head Clerks merely on the
ground that the post of Internal Auditor was placed in Group XII,
then if such parity of pay scale may have to be extended to all other
posts, it would have huge financial implication on the finance of the
Board which is a service-oriented institution owing to the
consumers. As held in <cite>Union of India and Another v. Manik Lal
Banerjee (2006) 9 SCC 643</cite>, “it is now a well settled principle of law
that financial implication is a relevant factor for accepting the
revision of pay.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
40. The learned Single Judge proceeded under the erroneous
footing as if the case of Internal Auditors is covered by the case put
forth by Sub Fire Officers. The learned Single Judge did not keep in
view the counter statement filed by the appellant-Board before the
High Court pointing out various distinguishing features of Internal
Auditors and Head Clerks on account of which no parity could be
granted to the Internal Auditors with the Head Clerks. The High
30
Court also did not keep in view that the Pay Anomaly Committee did
consider the demand of Internal Auditors and had not accepted the
demand in view of different nature of duties and various other
relevant factors. The learned Single Judge erred in recording that
the respondents were in the same category of “Sub Fire Officers”
within the same group which have been decided by the earlier
judgment dated 21.01.2010.
41. As discussed earlier, merely because various different posts
have been categorized under Group XII, they cannot claim parity of
pay scale as that of the Head Clerk. All the more so, when the
Internal Auditors are appointed 55% by direct recruitment and 45%
by promotion from Circle Assistant/Assistant Revenue Accountant.
The High Court did not keep in view that the duties, nature of work
and promotion channel of Head Clerks and Internal Auditors are
entirely different and that option to seek promotion apparently as
Internal Auditors was the “conscious exercise of option”, the
impugned judgment cannot be sustained and is liable to be set
aside.
42.
In the result, the impugned judgment dated 23.02.2012
passed by the High Court of Punjab and Haryana at Chandigarh in
LPA No.264 of 2012 and Order dated 04.05.2012 in the review
31
petition are set aside and these appeals are allowed. No costs. | <para>
40. The learned Single Judge proceeded under the erroneous
footing as if the case of Internal Auditors is covered by the case put
forth by Sub Fire Officers. The learned Single Judge did not keep in
view the counter statement filed by the appellant-Board before the
High Court pointing out various distinguishing features of Internal
Auditors and Head Clerks on account of which no parity could be
granted to the Internal Auditors with the Head Clerks. The High
30
Court also did not keep in view that the Pay Anomaly Committee did
consider the demand of Internal Auditors and had not accepted the
demand in view of different nature of duties and various other
relevant factors. The learned Single Judge erred in recording that
the respondents were in the same category of “Sub Fire Officers”
within the same group which have been decided by the earlier
judgment dated 21.01.2010.
</para>
<para>
41. As discussed earlier, merely because various different posts
have been categorized under Group XII, they cannot claim parity of
pay scale as that of the Head Clerk. All the more so, when the
Internal Auditors are appointed 55% by direct recruitment and 45%
by promotion from Circle Assistant/Assistant Revenue Accountant.
The High Court did not keep in view that the duties, nature of work
and promotion channel of Head Clerks and Internal Auditors are
entirely different and that option to seek promotion apparently as
Internal Auditors was the “conscious exercise of option”, the
impugned judgment cannot be sustained and is liable to be set
aside.
</para>
<para>
42.
In the result, the impugned judgment dated 23.02.2012
passed by the High Court of Punjab and Haryana at Chandigarh in
LPA No.264 of 2012 and Order dated 04.05.2012 in the review
31
petition are set aside and these appeals are allowed. No costs.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
1.
Feeling aggrieved and dissatisfied with the impugned
judgment and order dated 02.03.2021 passed by the High
Court of Telangana at Hyderabad in Criminal Petition No.
1148/2021, by which, the High Court has allowed the said
bail application and has granted the anticipatory bail in
favour of respondent No. 1 herein and has directed to
release him on bail in the event of his arrest in connection
with F. No. ECIR/HYZO/36/2020 dated 15.12.2020 on the
file of the Assistant Director, Enforcement Directorate
(hereinafter referred to as the ED), Government of India,
1
Hyderabad, which was registered for the offence of money
laundering under Section 3 of the Prevention of Money
Laundering Act, 2002 (hereinafter referred to as the Act,
2002) and punishable under Section 4 of the said Act, the
Directorate of Enforcement has preferred the present
appeal.
2.
A FIR was registered by Economic Offences Wing (EOW),
Bhopal vide FIR No. 12/2019 dated 10.04.2019 wherein 20
persons/companies were named as suspected in the said
scam. M/s Max Mantena Micro JV, Hyderabad was one
among them.
2.1
As per the FIR, the Government of Madhya Pradesh e
Procurement Portal was being run by MPSEDC. M/s
Antares Systems Limited, Bangalore and M/s Tata
Consultancy Services (TCS) were given the contract for the
period of 5 years for the maintenance & operation of the
said portal. Some of the officials of MPSEDC in collusion
with the companies entrusted with maintenance and
testing of the portals namely M/s Osmo IT Solutions and
M/s Antares Systems Ltd, illegally accessed the eTender
2
portal and rigged the bidding process to suit a few private
bidders for huge amounts of bribe considerations. | <para>
1.
Feeling aggrieved and dissatisfied with the impugned
judgment and order dated 02.03.2021 passed by the High
Court of Telangana at Hyderabad in Criminal Petition No.
1148/2021, by which, the High Court has allowed the said
bail application and has granted the anticipatory bail in
favour of respondent No. 1 herein and has directed to
release him on bail in the event of his arrest in connection
with F. No. ECIR/HYZO/36/2020 dated 15.12.2020 on the
file of the Assistant Director, Enforcement Directorate
(hereinafter referred to as the ED), Government of India,
1
Hyderabad, which was registered for the offence of money
laundering under Section 3 of the Prevention of Money
Laundering Act, 2002 (hereinafter referred to as the Act,
2002) and punishable under Section 4 of the said Act, the
Directorate of Enforcement has preferred the present
appeal.
</para>
<para>
2.
A FIR was registered by Economic Offences Wing (EOW),
Bhopal vide FIR No. 12/2019 dated 10.04.2019 wherein 20
persons/companies were named as suspected in the said
scam. M/s Max Mantena Micro JV, Hyderabad was one
among them.
2.1
As per the FIR, the Government of Madhya Pradesh e
Procurement Portal was being run by MPSEDC. M/s
Antares Systems Limited, Bangalore and M/s Tata
Consultancy Services (TCS) were given the contract for the
period of 5 years for the maintenance & operation of the
said portal. Some of the officials of MPSEDC in collusion
with the companies entrusted with maintenance and
testing of the portals namely M/s Osmo IT Solutions and
M/s Antares Systems Ltd, illegally accessed the eTender
2
portal and rigged the bidding process to suit a few private
bidders for huge amounts of bribe considerations.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
2.2
As per the investigating agency, the preliminary
investigation by the Police established that various e
tenders were illegally accessed and bids of a few
companies were manipulated to illegally make the bids of
those concerns as the lowest one.
2.3
Apart from tenders mentioned in the first preliminary
charge sheet filed by the EOW Bhopal namely No. 91, 93,
94 (Water Resource Dept); 2 tenders vide Nos. 49985 &
49982 of PWD; Tender no 49813, Tender No. 786 of
MPRDC; and Tenders vide Nos. 10030 & 10044, it was
suspected that many other tenders have also been
tampered using the same modus operandi. M/s Mantena
Group of Companies, Hyderabad, was suspected to be a
major beneficiary of this etender scam. As per the EOW
charge sheet, a joint venture of the Mantena Group known
as M/s Max Mantena Micro JV is the direct beneficiary of a
tampered etender No. 10030 worth Rs. 1020 Crore. | <para>
2.2
As per the investigating agency, the preliminary
investigation by the Police established that various e
tenders were illegally accessed and bids of a few
companies were manipulated to illegally make the bids of
those concerns as the lowest one.
</para>
<para>
2.3
Apart from tenders mentioned in the first preliminary
charge sheet filed by the EOW Bhopal namely No. 91, 93,
94 (Water Resource Dept); 2 tenders vide Nos. 49985 &
49982 of PWD; Tender no 49813, Tender No. 786 of
MPRDC; and Tenders vide Nos. 10030 & 10044, it was
suspected that many other tenders have also been
tampered using the same modus operandi. M/s Mantena
Group of Companies, Hyderabad, was suspected to be a
major beneficiary of this etender scam. As per the EOW
charge sheet, a joint venture of the Mantena Group known
as M/s Max Mantena Micro JV is the direct beneficiary of a
tampered etender No. 10030 worth Rs. 1020 Crore.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
2.4
According to the investigating agency, the investigation
into the said FIR for the offences under Sections 120B,
3
420, 471 IPC and Section 7 r/w Section 13(2) of Prevention
of Corruption (PC) Act is going on and the said offences are
scheduled offences under the Act, 2002. The ED has
initiated money laundering investigation in File No.
ECIR/HYZO/36/2020.
According to the ED, in order to gather evidence, a search
2.5
operation was conducted under the provisions of Section
17(1) of PMLA, 2002. Accordingly, 18 premises were
searched including the residences of the promoters and
offices of M/s Mantena Constructions Ltd, M/s Anteras
Pvt Ltd, M/s Osmo IT Solutions Pvt Ltd, M/s Arni Infra,
etc. a good amount of incriminating documents and digital
devices have been seized and are being examined for
evidence. It is clear from the ED investigation done so far
that a systematic conspiracy has been planned and
executed by a number of infrastructure companies based
at Hyderabad in collusion with a few Government officials
and IT management companies to illegally win etenders.
Further large amounts of bribes running into crore(s) of
rupees have exchanged hands using hawala channels. The
public funds meant for development activities have been
4
diverted and siphoned off for personal illegal enrichment
and for making illegal bribe payments. The appellant
department has recovered fund trail evidence and
generation of black money through bogus and overbilling
by the infra companies. | <para>
2.4
According to the investigating agency, the investigation
into the said FIR for the offences under Sections 120B,
3
420, 471 IPC and Section 7 r/w Section 13(2) of Prevention
of Corruption (PC) Act is going on and the said offences are
scheduled offences under the Act, 2002. The ED has
initiated money laundering investigation in File No.
ECIR/HYZO/36/2020.
</para>
<para>
According to the ED, in order to gather evidence, a search
2.5
operation was conducted under the provisions of Section
17(1) of PMLA, 2002. Accordingly, 18 premises were
searched including the residences of the promoters and
offices of M/s Mantena Constructions Ltd, M/s Anteras
Pvt Ltd, M/s Osmo IT Solutions Pvt Ltd, M/s Arni Infra,
etc. a good amount of incriminating documents and digital
devices have been seized and are being examined for
evidence. It is clear from the ED investigation done so far
that a systematic conspiracy has been planned and
executed by a number of infrastructure companies based
at Hyderabad in collusion with a few Government officials
and IT management companies to illegally win etenders.
Further large amounts of bribes running into crore(s) of
rupees have exchanged hands using hawala channels. The
public funds meant for development activities have been
4
diverted and siphoned off for personal illegal enrichment
and for making illegal bribe payments. The appellant
department has recovered fund trail evidence and
generation of black money through bogus and overbilling
by the infra companies.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
2.6
That respondent No. 1 herein who at the relevant time was
the Additional Chief Secretary in the Water Resources
Department in the State of Madhya Pradesh, was
summoned by the ED to explain the sudden spurt in the
allocation of tenders to M/s Mantena Construction during
his stint in the State of MP.
2.7
That apprehending his arrest in connection with ED case
for the scheduled offence under the Act, 2002, respondent
No. 1 herein approached the High Court by way of present
anticipatory bail application under Section 438 Cr.PC.
Without considering the rigour/bar under Section 45 of
the Act, 2002 and observing that as per the decision of this
Court in the case of <cite>Nikesh Tarachand Shah Vs. Unoin of
India and Anr.; (2018) 11 SCC 1</cite>, the provisions of
Section 45 of the Act, 2002 do not apply to Section 438
Cr.PC proceedings, the High Court has allowed the
5
anticipatory bail application and has directed that in case
of his arrest in connection with ED case he be released on
bail. | <para>
2.6
That respondent No. 1 herein who at the relevant time was
the Additional Chief Secretary in the Water Resources
Department in the State of Madhya Pradesh, was
summoned by the ED to explain the sudden spurt in the
allocation of tenders to M/s Mantena Construction during
his stint in the State of MP.
</para>
<para>
2.7
That apprehending his arrest in connection with ED case
for the scheduled offence under the Act, 2002, respondent
No. 1 herein approached the High Court by way of present
anticipatory bail application under Section 438 Cr.PC.
Without considering the rigour/bar under Section 45 of
the Act, 2002 and observing that as per the decision of this
Court in the case of <cite>Nikesh Tarachand Shah Vs. Unoin of
India and Anr.; (2018) 11 SCC 1</cite>, the provisions of
Section 45 of the Act, 2002 do not apply to Section 438
Cr.PC proceedings, the High Court has allowed the
5
anticipatory bail application and has directed that in case
of his arrest in connection with ED case he be released on
bail.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
2.8
Feeling aggrieved and dissatisfied with the impugned
judgment and order passed by the High Court granting
anticipatory bail to respondent No. 1 in ED case, the
Directorate of Enforcement (ED) has preferred the present
appeal.
3.
Shri K. M. Nataraj, learned ASG, appearing on behalf of the
ED – appellant has vehemently submitted that in the facts
and circumstances of the case, the High Court has
committed a very serious error in allowing the anticipatory
bail application and granting anticipatory bail to
respondent No. 1 in connection with ED case under the
Act, 2002. | <para>
2.8
Feeling aggrieved and dissatisfied with the impugned
judgment and order passed by the High Court granting
anticipatory bail to respondent No. 1 in ED case, the
Directorate of Enforcement (ED) has preferred the present
appeal.
</para>
<para>
3.
Shri K. M. Nataraj, learned ASG, appearing on behalf of the
ED – appellant has vehemently submitted that in the facts
and circumstances of the case, the High Court has
committed a very serious error in allowing the anticipatory
bail application and granting anticipatory bail to
respondent No. 1 in connection with ED case under the
Act, 2002.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
3.1
It is submitted that as such the High Court has materially
erred in observing that the provisions of Section 45 of the
Act, 2002 shall not be applicable to Section 438 Cr.PC
proceedings. It is submitted that for that the High Court
has erred in relying upon the decision of this Court in the
case of Nikesh Tarachand Shah (supra). It is submitted
6
that subsequently in the case of <cite>The Asst. Director
Enforcement Directorate Vs. Dr. V.C. Mohan (2022 SCC
OnLine SC 452) (Criminal Appeal No. 21/2022)</cite>, this
Court has clarified that it is the wrong reading of the
decision in the case of <cite>Nikesh Tarachand Shah (supra)</cite>
that the provisions of Section 45 of the Act, 2002 shall not
be applicable to the anticipatory bail proceedings. It is
submitted that in the case of <cite>Dr. V.C. Mohan (supra)</cite> it is
specifically observed and held by this Court that Section
45 of the Act, 2002 shall be applicable with respect to the
offences under the Act, 2002 and the rigour of Section 45
of the Act, 2002 shall get triggered – although the
application is under Section 438 of Cr.PC. It is submitted
that therefore, the impugned judgment and order passed
by the High Court is just contrary to the decision of this
Court in the case of <cite>Dr. V.C. Mohan (supra)</cite>.
3.2
It is further submitted by Shri K.M. Nataraj, learned ASG
appearing on behalf of the ED that even otherwise while
granting the anticipatory bail the High Court has not
properly appreciated and/or considered the seriousness of
7
the offences which are scheduled offences under the Act,
2002. It is submitted that the High Court has considered
the anticipatory bail application, as if, the High Court was
dealing with the prayer for anticipatory bail in connection
with the ordinary offences under IPC. | <para>
3.1
It is submitted that as such the High Court has materially
erred in observing that the provisions of Section 45 of the
Act, 2002 shall not be applicable to Section 438 Cr.PC
proceedings. It is submitted that for that the High Court
has erred in relying upon the decision of this Court in the
case of Nikesh Tarachand Shah (supra). It is submitted
6
that subsequently in the case of <cite>The Asst. Director
Enforcement Directorate Vs. Dr. V.C. Mohan (2022 SCC
OnLine SC 452) (Criminal Appeal No. 21/2022)</cite>, this
Court has clarified that it is the wrong reading of the
decision in the case of <cite>Nikesh Tarachand Shah (supra)</cite>
that the provisions of Section 45 of the Act, 2002 shall not
be applicable to the anticipatory bail proceedings. It is
submitted that in the case of <cite>Dr. V.C. Mohan (supra)</cite> it is
specifically observed and held by this Court that Section
45 of the Act, 2002 shall be applicable with respect to the
offences under the Act, 2002 and the rigour of Section 45
of the Act, 2002 shall get triggered – although the
application is under Section 438 of Cr.PC. It is submitted
that therefore, the impugned judgment and order passed
by the High Court is just contrary to the decision of this
Court in the case of <cite>Dr. V.C. Mohan (supra)</cite>.
</para>
<para>
3.2
It is further submitted by Shri K.M. Nataraj, learned ASG
appearing on behalf of the ED that even otherwise while
granting the anticipatory bail the High Court has not
properly appreciated and/or considered the seriousness of
7
the offences which are scheduled offences under the Act,
2002. It is submitted that the High Court has considered
the anticipatory bail application, as if, the High Court was
dealing with the prayer for anticipatory bail in connection
with the ordinary offences under IPC.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
3.3
It is further vehemently submitted by learned ASG that
during investigation, the ED investigation has established
that there is a nexus between Srinivas Raju Mantena and
respondent No. 1 herein and the same needs to be
investigated in detail.
3.4
It is submitted that the ED had gathered material which
indicates nexus between respondent No. 1 and Srinivas
Raju Mantena, who is found to have committed the
offences of money laundering. It is submitted that
respondent No. 1 was summoned by ED but instead of
appearing before the IO, he filed a criminal petition before
the High Court and obtained the interim relief. It is
submitted that he appeared before the ED and his
statement was recorded under Section 50 of the Act, 2002.
It is submitted that however on both the occasions he was
8
totally evasive and noncooperative and therefore, his
custodial interrogation is required. | <para>
3.3
It is further vehemently submitted by learned ASG that
during investigation, the ED investigation has established
that there is a nexus between Srinivas Raju Mantena and
respondent No. 1 herein and the same needs to be
investigated in detail.
</para>
<para>
3.4
It is submitted that the ED had gathered material which
indicates nexus between respondent No. 1 and Srinivas
Raju Mantena, who is found to have committed the
offences of money laundering. It is submitted that
respondent No. 1 was summoned by ED but instead of
appearing before the IO, he filed a criminal petition before
the High Court and obtained the interim relief. It is
submitted that he appeared before the ED and his
statement was recorded under Section 50 of the Act, 2002.
It is submitted that however on both the occasions he was
8
totally evasive and noncooperative and therefore, his
custodial interrogation is required.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
3.5
It is further submitted by learned ASG that during the
investigation the ED has found that respondent No. 1 had
availed and enjoyed free trips in last one year alone on the
luxury plane of Mantena on multiple occasions. It is
submitted that during investigation it has been found that
respondent No. 1 had also availed other patronages from
Srinivas Raju Mantena like sponsoring foreign exchange
through Hawala Channels for his son.
3.6
It is submitted that while granting anticipatory bail to
respondent No. 1 the High Court has not considered the
nature of allegations and seriousness of offences alleged
against respondent No. 1 who at the relevant time was
working as an Additional Chief Secretary. | <para>
3.5
It is further submitted by learned ASG that during the
investigation the ED has found that respondent No. 1 had
availed and enjoyed free trips in last one year alone on the
luxury plane of Mantena on multiple occasions. It is
submitted that during investigation it has been found that
respondent No. 1 had also availed other patronages from
Srinivas Raju Mantena like sponsoring foreign exchange
through Hawala Channels for his son.
</para>
<para>
3.6
It is submitted that while granting anticipatory bail to
respondent No. 1 the High Court has not considered the
nature of allegations and seriousness of offences alleged
against respondent No. 1 who at the relevant time was
working as an Additional Chief Secretary.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
3.7 Making the above submissions and relying upon above
decision as well as the decision of this Court in the case of
<cite>P. Chidambaram Vs. Directorate of Enforcement;
(2019) 9 SCC 24</cite> as well as the decision in the case of <cite>Y.S.
Jagan Mohan Reddy Vs. CBI; (2013) 7 SCC 439</cite>, it is
9
prayed to allow the present appeal and quash and set
aside the impugned judgment and order passed by the
High Court.
4.
Present appeal is vehemently opposed by Shri Vijay
Agarwal, learned counsel appearing on behalf of
respondent No. 1 herein. | <para>
3.7 Making the above submissions and relying upon above
decision as well as the decision of this Court in the case of
<cite>P. Chidambaram Vs. Directorate of Enforcement;
(2019) 9 SCC 24</cite> as well as the decision in the case of <cite>Y.S.
Jagan Mohan Reddy Vs. CBI; (2013) 7 SCC 439</cite>, it is
9
prayed to allow the present appeal and quash and set
aside the impugned judgment and order passed by the
High Court.
</para>
<para>
4.
Present appeal is vehemently opposed by Shri Vijay
Agarwal, learned counsel appearing on behalf of
respondent No. 1 herein.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
4.1
It is vehemently submitted by learned counsel appearing
on behalf of respondent No. 1 that in the facts and
circumstances of the case the High Court has not
committed any error in granting anticipatory bail to
respondent No. 1.
4.2
It is vehemently submitted that in the present case so far
as the main FIR is concerned, the other accused have been
acquitted/discharged. It is submitted that as held by this
Court in the catena of decision that if the person is finally
discharged/acquitted of the scheduled offence or the
criminal case against him is quashed by the Court of
competent jurisdiction, there can be no offence of money
laundering against him or any one claiming such property
being the property linked to stated scheduled offence
through him.
10 | <para>
4.1
It is vehemently submitted by learned counsel appearing
on behalf of respondent No. 1 that in the facts and
circumstances of the case the High Court has not
committed any error in granting anticipatory bail to
respondent No. 1.
</para>
<para>
4.2
It is vehemently submitted that in the present case so far
as the main FIR is concerned, the other accused have been
acquitted/discharged. It is submitted that as held by this
Court in the catena of decision that if the person is finally
discharged/acquitted of the scheduled offence or the
criminal case against him is quashed by the Court of
competent jurisdiction, there can be no offence of money
laundering against him or any one claiming such property
being the property linked to stated scheduled offence
through him.
10
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
4.3
It is further submitted that in the present case even
respondent No. 1 was not named in the FIR for the
scheduled offence(s).
4.4
It is further submitted that the offence under the Act, 2002
is dependent on predicate offence which would be ordinary
law including the provisions of the IPC. It submitted that
therefore, as other accused persons have been
acquitted/discharged for the predicate offence/schedule
offence there is no question of any offence by respondent
No. 1 under the Act, 2002/money laundering. | <para>
4.3
It is further submitted that in the present case even
respondent No. 1 was not named in the FIR for the
scheduled offence(s).
</para>
<para>
4.4
It is further submitted that the offence under the Act, 2002
is dependent on predicate offence which would be ordinary
law including the provisions of the IPC. It submitted that
therefore, as other accused persons have been
acquitted/discharged for the predicate offence/schedule
offence there is no question of any offence by respondent
No. 1 under the Act, 2002/money laundering.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
4.5
It is further submitted by learned counsel appearing on
behalf of respondent No. 1 that while granting the
anticipatory bail the High Court has followed the decision
of this Court in the case of <cite>Nikesh Tarachand Shah
(supra)</cite>, the law which was prevalent at the relevant time.
4.6
It is submitted that the prospective overruling of the said
decision by this Court in the case of <cite>Dr. V.C. Mohan
(supra)</cite> therefore, cannot be pressed into service while
challenging the impugned judgment and order passed by
11
the High Court granting anticipatory bail relying upon the
decision/law prevalent at the relevant time. | <para>
4.5
It is further submitted by learned counsel appearing on
behalf of respondent No. 1 that while granting the
anticipatory bail the High Court has followed the decision
of this Court in the case of <cite>Nikesh Tarachand Shah
(supra)</cite>, the law which was prevalent at the relevant time.
</para>
<para>
4.6
It is submitted that the prospective overruling of the said
decision by this Court in the case of <cite>Dr. V.C. Mohan
(supra)</cite> therefore, cannot be pressed into service while
challenging the impugned judgment and order passed by
11
the High Court granting anticipatory bail relying upon the
decision/law prevalent at the relevant time.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
4.7
It is further submitted by learned counsel appearing on
behalf of respondent No. 1 that in the present case cogent
reasons have been given by the High Court while granting
anticipatory bail to respondent No. 1 and considering the
fact that respondent No. 1 has cooperated in the
investigation and appeared twice earlier before the IO/ED,
the impugned judgment and order passed by the High
Court granting anticipatory bail may not be interfered with
by this Court.
We have heard learned counsel appearing on behalf of the
5.
respective parties at length. At the outset, it is required to
be noted that respondent No. 1 is apprehending his arrest
in connection with the complaint/case by the ED for the
offence of money laundering under Section 3 of the
Prevention of Money Laundering Act, 2002 and punishable
under Section 4 of the said Act. An enquiry/investigation is
going on against respondent No. 1 for the scheduled
offence in connection with FIR No. 12/2019. Once the
enquiry/investigation against respondent No. 1 is going on
12
for the offence under the Act, 2002, the rigour of Section
45 of the Act, 2002 would be attracted. Section 45 of the
Act, 2002 reads as under:
“45. Offences to be cognizable and nonbailable.—
(1) [Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974), no person
accused of an offence [under this Act] shall be released
on bail or on his own bond unless—]
(i) the Public Prosecutor has been given an
opportunity to oppose the application for such
release; and
(ii) where the Public Prosecutor opposes the
application, the court is satisfied that there are
reasonable grounds for believing that he is not
guilty of such offence and that he is not likely to
commit any offence while on bail:
Provided that a person, who, is under the age of
sixteen years, or is a woman or is sick or infirm [or is
accused either on his own or along with other co
accused of moneylaundering a sum of less than one
crore rupees], may be released on bail, if the Special
Court so directs:
Provided further that the Special Court shall not
take cognizance of any offence punishable under
Section 4 except upon a complaint in writing made by
—
(i) the Director; or
(ii) any officer of the Central Government or a
State Government authorised in writing in this
behalf by the Central Government by a general or
special order made in this behalf by that
Government.
[(1A) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974), or any
13
other provision of this Act, no police officer shall
investigate into an offence under this Act unless
specifically authorised, by the Central Government by
a general or special order, and, subject to such
conditions as may be prescribed.]
(2) The limitation on granting of bail specified in [*
* *] subsection (1) is in addition to the limitations
under the Code of Criminal Procedure, 1973 (2 of
1974) or any other law for the time being in force on
granting of bail.” | <para>
4.7
It is further submitted by learned counsel appearing on
behalf of respondent No. 1 that in the present case cogent
reasons have been given by the High Court while granting
anticipatory bail to respondent No. 1 and considering the
fact that respondent No. 1 has cooperated in the
investigation and appeared twice earlier before the IO/ED,
the impugned judgment and order passed by the High
Court granting anticipatory bail may not be interfered with
by this Court.
</para>
<para>
We have heard learned counsel appearing on behalf of the
5.
respective parties at length. At the outset, it is required to
be noted that respondent No. 1 is apprehending his arrest
in connection with the complaint/case by the ED for the
offence of money laundering under Section 3 of the
Prevention of Money Laundering Act, 2002 and punishable
under Section 4 of the said Act. An enquiry/investigation is
going on against respondent No. 1 for the scheduled
offence in connection with FIR No. 12/2019. Once the
enquiry/investigation against respondent No. 1 is going on
12
for the offence under the Act, 2002, the rigour of Section
45 of the Act, 2002 would be attracted. Section 45 of the
Act, 2002 reads as under:
“45. Offences to be cognizable and nonbailable.—
(1) [Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974), no person
accused of an offence [under this Act] shall be released
on bail or on his own bond unless—]
(i) the Public Prosecutor has been given an
opportunity to oppose the application for such
release; and
(ii) where the Public Prosecutor opposes the
application, the court is satisfied that there are
reasonable grounds for believing that he is not
guilty of such offence and that he is not likely to
commit any offence while on bail:
Provided that a person, who, is under the age of
sixteen years, or is a woman or is sick or infirm [or is
accused either on his own or along with other co
accused of moneylaundering a sum of less than one
crore rupees], may be released on bail, if the Special
Court so directs:
Provided further that the Special Court shall not
take cognizance of any offence punishable under
Section 4 except upon a complaint in writing made by
—
(i) the Director; or
(ii) any officer of the Central Government or a
State Government authorised in writing in this
behalf by the Central Government by a general or
special order made in this behalf by that
Government.
[(1A) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974), or any
13
other provision of this Act, no police officer shall
investigate into an offence under this Act unless
specifically authorised, by the Central Government by
a general or special order, and, subject to such
conditions as may be prescribed.]
(2) The limitation on granting of bail specified in [*
* *] subsection (1) is in addition to the limitations
under the Code of Criminal Procedure, 1973 (2 of
1974) or any other law for the time being in force on
granting of bail.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5.1
By the impugned judgment and order, while granting
anticipatory bail the High Court has observed that the
provisions of Section 45 of the Act, 2002 shall not be
applicable with respect to the anticipatory bail
applications/proceedings under Section 438 Cr.PC. For
which the High Court has relied upon the decision of this
Court in the case of <cite>Nikesh Tarachand Shah (supra)</cite>. In
the case of <cite>Dr. V.C. Mohan (supra)</cite>, this Court has
specifically observed and held that it is the wrong
understanding that in the case of <cite>Nikesh Tarachand Shah
(supra)</cite> this Court has held that the rigour of Section 45 of
the Act, 2002 shall not be applicable to the application
under Section 438 Cr. PC. In the case of <cite>Dr. V.C. Mohan
(supra)</cite> in which the decision of this Court in the case of
14
<cite>Nikesh Tarachand Shah (supra)</cite> was pressed into service,
it is specifically observed by this Court that it is one thing
to say that Section 45 of the Act, 2002 to offences under
the ordinary law would not get attracted but once the
prayer for anticipatory bail is made in connection with
offence under the Act, 2002, the underlying principles and
rigours of Section 45 of the Act, must get triggered –
although the application is under Section 438 Cr.PC.
Therefore, the observations made by the High Court that
the provisions of Section 45 of the Act, 2002 shall not be
applicable in connection with an application under Section
438 Cr.PC is just contrary to the decision in the case of <cite>Dr.
V.C. Mohan (supra)</cite> and the same is on misunderstanding
of the observations made in the case of <cite>Nikesh Tarachand
Shah (supra)</cite>. Once the rigour under Section 45 of the Act,
2002 shall be applicable the impugned judgment and
order passed by the High Court granting anticipatory bail
to respondent No. 1 is unsustainable.
6.
Even otherwise on merits also, the impugned judgment
and order passed by the High Court granting anticipatory
15
bail to respondent No. 1 is erroneous and unsustainable.
While granting the anticipatory bail to respondent No. 1 the
High Court has not at all considered the nature of
allegations and seriousness of the offences alleged of
money laundering and the offence(s) under the Act, 2002.
Looking to the nature of allegations, it can be said that the
same can be said to be very serious allegations of money
laundering which are required to be investigated
thoroughly. As per the investigating agency, they have
collected some material connecting respondent No. 1
having taken undue advantage from Srinivas Raju
Mantena. From the impugned judgment and order passed
by the High Court, it appears that the High Court has
considered the matter, as if, it was dealing with the prayer
for anticipatory bail in connection with the ordinary offence
under IPC. | <para>
5.1
By the impugned judgment and order, while granting
anticipatory bail the High Court has observed that the
provisions of Section 45 of the Act, 2002 shall not be
applicable with respect to the anticipatory bail
applications/proceedings under Section 438 Cr.PC. For
which the High Court has relied upon the decision of this
Court in the case of <cite>Nikesh Tarachand Shah (supra)</cite>. In
the case of <cite>Dr. V.C. Mohan (supra)</cite>, this Court has
specifically observed and held that it is the wrong
understanding that in the case of <cite>Nikesh Tarachand Shah
(supra)</cite> this Court has held that the rigour of Section 45 of
the Act, 2002 shall not be applicable to the application
under Section 438 Cr. PC. In the case of <cite>Dr. V.C. Mohan
(supra)</cite> in which the decision of this Court in the case of
14
<cite>Nikesh Tarachand Shah (supra)</cite> was pressed into service,
it is specifically observed by this Court that it is one thing
to say that Section 45 of the Act, 2002 to offences under
the ordinary law would not get attracted but once the
prayer for anticipatory bail is made in connection with
offence under the Act, 2002, the underlying principles and
rigours of Section 45 of the Act, must get triggered –
although the application is under Section 438 Cr.PC.
Therefore, the observations made by the High Court that
the provisions of Section 45 of the Act, 2002 shall not be
applicable in connection with an application under Section
438 Cr.PC is just contrary to the decision in the case of <cite>Dr.
V.C. Mohan (supra)</cite> and the same is on misunderstanding
of the observations made in the case of <cite>Nikesh Tarachand
Shah (supra)</cite>. Once the rigour under Section 45 of the Act,
2002 shall be applicable the impugned judgment and
order passed by the High Court granting anticipatory bail
to respondent No. 1 is unsustainable.
</para>
<para>
6.
Even otherwise on merits also, the impugned judgment
and order passed by the High Court granting anticipatory
15
bail to respondent No. 1 is erroneous and unsustainable.
While granting the anticipatory bail to respondent No. 1 the
High Court has not at all considered the nature of
allegations and seriousness of the offences alleged of
money laundering and the offence(s) under the Act, 2002.
Looking to the nature of allegations, it can be said that the
same can be said to be very serious allegations of money
laundering which are required to be investigated
thoroughly. As per the investigating agency, they have
collected some material connecting respondent No. 1
having taken undue advantage from Srinivas Raju
Mantena. From the impugned judgment and order passed
by the High Court, it appears that the High Court has
considered the matter, as if, it was dealing with the prayer
for anticipatory bail in connection with the ordinary offence
under IPC.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6.1
Now so far as the submissions on behalf of respondent No.
1 that respondent No. 1 was not named in the FIR with
respect to the scheduled offence and that the other
accused are discharged/acquitted is concerned, merely
because other accused are acquitted, it cannot be a
16
ground not to continue the investigation against
respondent No. 1. An enquiry/investigation is going on
against respondent No. 1 with respect to the scheduled
offences. Therefore, the enquiry/investigation itself is
sufficient at this stage.
6.2 While granting the anticipatory bail, what is weighed with
the High Court and what is observed by the High Court is
as under:
“A careful reading of the aforesaid legal position and in
the light of the circumstances of the case on hand, which
clearly indicates that the 1st respondent has a doubt
regarding the involvement of the petitioner in commission
of the crime and he is being summoned for disclosure and
in case of his nondisclosure of any material, on the
pretext of noncooperation, the 1st respondent may
proceed to arrest him. The petitioner is a retired employee
aged about 60 years and is a permanent resident of
Hyderabad, Further, major part of the investigation has
been completed with respect to the incriminating
documents and digital devices, which have already been
seized. Hence, there may not be a chance of tampering
with the investigation at this stage, because as rightly
pointed out by the learned Senior Counsel for the
petitioner that a criminal case has already been filed
against the other accused and the same is pending before
the Special Court at Bhopal.” | <para>
6.1
Now so far as the submissions on behalf of respondent No.
1 that respondent No. 1 was not named in the FIR with
respect to the scheduled offence and that the other
accused are discharged/acquitted is concerned, merely
because other accused are acquitted, it cannot be a
16
ground not to continue the investigation against
respondent No. 1. An enquiry/investigation is going on
against respondent No. 1 with respect to the scheduled
offences. Therefore, the enquiry/investigation itself is
sufficient at this stage.
</para>
<para>
6.2 While granting the anticipatory bail, what is weighed with
the High Court and what is observed by the High Court is
as under:
“A careful reading of the aforesaid legal position and in
the light of the circumstances of the case on hand, which
clearly indicates that the 1st respondent has a doubt
regarding the involvement of the petitioner in commission
of the crime and he is being summoned for disclosure and
in case of his nondisclosure of any material, on the
pretext of noncooperation, the 1st respondent may
proceed to arrest him. The petitioner is a retired employee
aged about 60 years and is a permanent resident of
Hyderabad, Further, major part of the investigation has
been completed with respect to the incriminating
documents and digital devices, which have already been
seized. Hence, there may not be a chance of tampering
with the investigation at this stage, because as rightly
pointed out by the learned Senior Counsel for the
petitioner that a criminal case has already been filed
against the other accused and the same is pending before
the Special Court at Bhopal.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6.3
From the aforesaid, it can be seen that the High Court has
not at all considered the nature of allegations and the
seriousness of the offences alleged against respondent No.
1. As per the catena of decision of this Court, more
particularly, observed in the case of <cite>P. Chidambaram
17
(supra)</cite> in case of economic offences, which are having an
impact on the society, the Court must be very slow in
exercising the discretion under Section 438 of Cr.PC.
7.
Considering the overall facts and circumstances of the case
and the reasoning given by the High Court and as observed
hereinabove, the rigour of Section 45 of the Act, 2002 shall
be applicable even with respect to the application under
Section 438 Cr.PC and therefore, the impugned judgment
and order passed by the High Court granting anticipatory
bail to respondent No. 1 herein in connection with F. No.
ECIR/HYZO/36/2020 dated 15.12.2020 is unsustainable.
Consequently, the impugned judgment and order passed
by the High Court granting anticipatory bail to respondent
No. 1 is hereby quashed and set aside. Respondent No. 1
be dealt with in accordance with law. However, it is
observed and made clear that after respondent No. 1 is
arrested, if he files any regular bail application, the same
be considered in accordance with law and on its own
merits and considering the material collected during
18
enquiry/investigation of the case. Present appeal is
accordingly allowed. No costs. | <para>
6.3
From the aforesaid, it can be seen that the High Court has
not at all considered the nature of allegations and the
seriousness of the offences alleged against respondent No.
1. As per the catena of decision of this Court, more
particularly, observed in the case of <cite>P. Chidambaram
17
(supra)</cite> in case of economic offences, which are having an
impact on the society, the Court must be very slow in
exercising the discretion under Section 438 of Cr.PC.
</para>
<para>
7.
Considering the overall facts and circumstances of the case
and the reasoning given by the High Court and as observed
hereinabove, the rigour of Section 45 of the Act, 2002 shall
be applicable even with respect to the application under
Section 438 Cr.PC and therefore, the impugned judgment
and order passed by the High Court granting anticipatory
bail to respondent No. 1 herein in connection with F. No.
ECIR/HYZO/36/2020 dated 15.12.2020 is unsustainable.
Consequently, the impugned judgment and order passed
by the High Court granting anticipatory bail to respondent
No. 1 is hereby quashed and set aside. Respondent No. 1
be dealt with in accordance with law. However, it is
observed and made clear that after respondent No. 1 is
arrested, if he files any regular bail application, the same
be considered in accordance with law and on its own
merits and considering the material collected during
18
enquiry/investigation of the case. Present appeal is
accordingly allowed. No costs.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
1. Delay condoned in Special leave Petition (Civil) @ D.No.10656
of 2023.
2. While the first special leave petition arises out of an order
passed by the Division Bench of the Madras High Court in an intra-
court appeal challenging an order passed by the learned Judge in a
contempt petition, the other special leave petitions arise out of the
order passed substantially in a writ petition and in a review
petition.
2 | <para>
1. Delay condoned in Special leave Petition (Civil) @ D.No.10656
of 2023.
</para>
<para>
2. While the first special leave petition arises out of an order
passed by the Division Bench of the Madras High Court in an intra-
court appeal challenging an order passed by the learned Judge in a
contempt petition, the other special leave petitions arise out of the
order passed substantially in a writ petition and in a review
petition.
2
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
3. We have heard Shri Mukul Rohatgi, learned senior counsel
appearing for the petitioners in all the special leave petitions and
Shri Mahesh Jethmalani, Shri Guru Krishna Kumar, Dr. Menaka
Guruswamy, learned senior counsel appearing for the respondent.
4.
The brief facts sufficient for the disposal of all these special
leave petitions are as follows:-
(i)
A batch of 49 writ petitions were filed by the office
bearers of the Rashtriya Swayam Sevak Sangh (RSS), on
the file of the High Court of Judicature at Madras seeking
a direction to the State, the Director General of Police, the
Superintendents of Police of various districts and the
Inspectors of Police of certain police stations to permit the
members of the Organisation to conduct a procession
(Route March) through identified places. The contention
of the writ petitioners was that they wanted to hold the
procession on 02.10.2022, but that their applications for
permission to hold the Route March were not considered
by the appropriate authorities;
(ii)
The batch of writ petitions were disposed of by a learned
Judge of the Madras High Court, by an order dated
22.09.2022, with certain directions;
(iii) The State filed a batch of applications for review. At about
the same time, one of the representations seeking
permission to hold the march in Chennai was rejected by
3
the local Inspector of Police, by an order dated
27.09.2022;
(iv) The order of rejection led to a legal notice dated
28.09.2022 followed by a Contempt Petition, against,
(i) The Secretary to Government, Home Department; (ii)
The Director General of Police; (iii) The Superintendent of
Police; and (iv) The Inspector of Police;
(v) When the contempt petition came up for hearing on
30.09.2022, the date on which the organisers wanted to
conduct the Route March was only 48 hours away.
Therefore, the learned Judge before whom the contempt
petition came up, passed an order on 30.09.2022 to the
following effect:-
“5. Hence, the respondents justified the
reasons for rejecting the request made by the
petitioners. Therefore, it is not possible for the
respondents to grant permission for the
procession to be held on 02.10.2022. However,
this Court suggested for any other date except
Gandhi Jayanthi i.e. 02.10.2022 to conduct
procession and to conduct public meeting.
16.10.2022, | <para>
3. We have heard Shri Mukul Rohatgi, learned senior counsel
appearing for the petitioners in all the special leave petitions and
Shri Mahesh Jethmalani, Shri Guru Krishna Kumar, Dr. Menaka
Guruswamy, learned senior counsel appearing for the respondent.
</para>
<para>
4.
The brief facts sufficient for the disposal of all these special
leave petitions are as follows:-
(i)
A batch of 49 writ petitions were filed by the office
bearers of the Rashtriya Swayam Sevak Sangh (RSS), on
the file of the High Court of Judicature at Madras seeking
a direction to the State, the Director General of Police, the
Superintendents of Police of various districts and the
Inspectors of Police of certain police stations to permit the
members of the Organisation to conduct a procession
(Route March) through identified places. The contention
of the writ petitioners was that they wanted to hold the
procession on 02.10.2022, but that their applications for
permission to hold the Route March were not considered
by the appropriate authorities;
(ii)
The batch of writ petitions were disposed of by a learned
Judge of the Madras High Court, by an order dated
22.09.2022, with certain directions;
(iii) The State filed a batch of applications for review. At about
the same time, one of the representations seeking
permission to hold the march in Chennai was rejected by
3
the local Inspector of Police, by an order dated
27.09.2022;
(iv) The order of rejection led to a legal notice dated
28.09.2022 followed by a Contempt Petition, against,
(i) The Secretary to Government, Home Department; (ii)
The Director General of Police; (iii) The Superintendent of
Police; and (iv) The Inspector of Police;
(v) When the contempt petition came up for hearing on
30.09.2022, the date on which the organisers wanted to
conduct the Route March was only 48 hours away.
Therefore, the learned Judge before whom the contempt
petition came up, passed an order on 30.09.2022 to the
following effect:-
“5. Hence, the respondents justified the
reasons for rejecting the request made by the
petitioners. Therefore, it is not possible for the
respondents to grant permission for the
procession to be held on 02.10.2022. However,
this Court suggested for any other date except
Gandhi Jayanthi i.e. 02.10.2022 to conduct
procession and to conduct public meeting.
16.10.2022,
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6. The learned Senior Counsels appearing for
the petitioners suggested four dates i.e.
09.10.2022,
06.11.2022 and
13.11.2022 and the learned Senior Counsel
appearing for the first respondent submitted that
except Gandhi Jayanthi on 02.10.2022, they will
consider the same representations of the
respective petitioners seeking permission to
conduct procession and to conduct public
meetings on any other date.
7. Considering the above submissions made
on either side, this Court fix the date to conduct
procession and to conduct public meetings on
4
06.11.2022. Till then, the petitioners are directed
not to precipitate the issue. However, it is for the
State to maintain law and order problem. It is
made clear that the respondents shall permit the
petitioners on their earlier representations to
conduct procession and to conduct public
meetings on 06.11.2022. | <para>
6. The learned Senior Counsels appearing for
the petitioners suggested four dates i.e.
09.10.2022,
06.11.2022 and
13.11.2022 and the learned Senior Counsel
appearing for the first respondent submitted that
except Gandhi Jayanthi on 02.10.2022, they will
consider the same representations of the
respective petitioners seeking permission to
conduct procession and to conduct public
meetings on any other date.
</para>
<para>
7. Considering the above submissions made
on either side, this Court fix the date to conduct
procession and to conduct public meetings on
4
06.11.2022. Till then, the petitioners are directed
not to precipitate the issue. However, it is for the
State to maintain law and order problem. It is
made clear that the respondents shall permit the
petitioners on their earlier representations to
conduct procession and to conduct public
meetings on 06.11.2022.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
8. Registry is directed to list the matter along
with all the connected contempt petitions
numbered subsequently on 31.10.2022”
(vi) Pursuant to the aforesaid order dated 30.09.2022, the
Director General of Police issued a memorandum dated
29.10.2022 instructing Commissioners/Superintendents
of Police of the Districts to pass necessary orders on the
representations of the organisers;
(vii)
In the light of the memorandum issued by The Director
General of Police on 29.10.2022, the learned Judge before
whom the contempt petitions came up on 31.10.2022,
passed an order to the following effect:-
“The learned Senior Counsel appearing for the
petitioner produced the order passed by the second
respondent viz., the Director General of Police, dated
29.10.2022, thereby directing all the Commissioner of
Police/Superintendent of Police, to pass order on the
applications made by the respective petitioners in
accordance with the order passed by this Court dated
22.09.2022 in W.P.No.24540 of 2022 etc., batch.
Accordingly all the applications submitted by the
petitioners are under consideration of the respective
Commissioner of Police/Superintendent of Police and
they are about to pass orders within a day or two.
2. Post the matter on 02.11.2022 under the
caption “for reporting compliance” at 2.15 p.m.
(viii) On 02.11.2022, the Staff Officer in the Office of the
Director General of Police filed a status report claiming
5
that in view of certain developments that took place after
a cylinder blast in Coimbatore City on 23.10.2022, a
fresh assessment of the local situation had to be made by
the Commissioners/Superintendents of Police. In short,
the status report indicated that, (i) it is not advisable to
permit any processions/public meetings in 24 locations;
(ii) that processions/public meetings can be permitted in
23 locations only in enclosed ground/premises; and
(iii) procession can be permitted in three locations;
(ix)
Incidentally, the contempt petitions as well as the
applications for review were listed before the learned
Judge on the very same date namely 02.11.2022. The
learned Judge passed two independent orders, one in the
batch of contempt petitions and another in the batch of
review applications;
(x)
The relevant portion of the order passed in the review
applications reads as follows:-
“3. Today when the matters are taken up for hearing,
the learned State Public Prosecutor appearing for the
petitioners submitted that out of 50 places, in three
places, the respective respondents were granted
permission to conduct procession and public meeting
on 06.11.2022. Insofar as 23 places are concerned,
respective respondents are permitted to conduct
procession/public meeting in an indoor place. Insofar
as 24 places are concerned, respective authorities
found that there will be a law and order issue and
rejected the requests in view of the intelligence report
received from the authorities concerned. He further
submitted that the respective respondents also
approached this Court by way of Contempt Petitions
and same are pending before this Court. | <para>
8. Registry is directed to list the matter along
with all the connected contempt petitions
numbered subsequently on 31.10.2022”
(vi) Pursuant to the aforesaid order dated 30.09.2022, the
Director General of Police issued a memorandum dated
29.10.2022 instructing Commissioners/Superintendents
of Police of the Districts to pass necessary orders on the
representations of the organisers;
(vii)
In the light of the memorandum issued by The Director
General of Police on 29.10.2022, the learned Judge before
whom the contempt petitions came up on 31.10.2022,
passed an order to the following effect:-
“The learned Senior Counsel appearing for the
petitioner produced the order passed by the second
respondent viz., the Director General of Police, dated
29.10.2022, thereby directing all the Commissioner of
Police/Superintendent of Police, to pass order on the
applications made by the respective petitioners in
accordance with the order passed by this Court dated
22.09.2022 in W.P.No.24540 of 2022 etc., batch.
Accordingly all the applications submitted by the
petitioners are under consideration of the respective
Commissioner of Police/Superintendent of Police and
they are about to pass orders within a day or two.
</para>
<para>
2. Post the matter on 02.11.2022 under the
caption “for reporting compliance” at 2.15 p.m.
(viii) On 02.11.2022, the Staff Officer in the Office of the
Director General of Police filed a status report claiming
5
that in view of certain developments that took place after
a cylinder blast in Coimbatore City on 23.10.2022, a
fresh assessment of the local situation had to be made by
the Commissioners/Superintendents of Police. In short,
the status report indicated that, (i) it is not advisable to
permit any processions/public meetings in 24 locations;
(ii) that processions/public meetings can be permitted in
23 locations only in enclosed ground/premises; and
(iii) procession can be permitted in three locations;
(ix)
Incidentally, the contempt petitions as well as the
applications for review were listed before the learned
Judge on the very same date namely 02.11.2022. The
learned Judge passed two independent orders, one in the
batch of contempt petitions and another in the batch of
review applications;
(x)
The relevant portion of the order passed in the review
applications reads as follows:-
“3. Today when the matters are taken up for hearing,
the learned State Public Prosecutor appearing for the
petitioners submitted that out of 50 places, in three
places, the respective respondents were granted
permission to conduct procession and public meeting
on 06.11.2022. Insofar as 23 places are concerned,
respective respondents are permitted to conduct
procession/public meeting in an indoor place. Insofar
as 24 places are concerned, respective authorities
found that there will be a law and order issue and
rejected the requests in view of the intelligence report
received from the authorities concerned. He further
submitted that the respective respondents also
approached this Court by way of Contempt Petitions
and same are pending before this Court.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
4.
In view of the various orders passed by the
authorities concerned, nothing survive in these Review
6
Applications. Accordingly, all the Review Applications
are closed. Consequently, the connected miscellaneous
petitions are also closed.
(xi) But in the batch of contempt petitions, the learned Judge
passed an order adjourning the contempt petitions to
04.11.2022, for passing appropriate orders after perusing
the Intelligence Report produced by the State in a sealed
cover; | <para>
4.
In view of the various orders passed by the
authorities concerned, nothing survive in these Review
6
Applications. Accordingly, all the Review Applications
are closed. Consequently, the connected miscellaneous
petitions are also closed.
</para>
<para>
(xi) But in the batch of contempt petitions, the learned Judge
passed an order adjourning the contempt petitions to
04.11.2022, for passing appropriate orders after perusing
the Intelligence Report produced by the State in a sealed
cover;
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |