SCA/21347/2005 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 21347 of 2005 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= MINAXIBEN R.VYAS WIDOW & ONLY LEGAL HEIR - Petitioner(s) Versus BANK OF BARODA - Respondent(s) ========================================================= Appearance : MR SAURABH G AMIN for Petitioner(s) : 1, MR KI SHAH for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 19/12/2008 ORAL JUDGMENT 1. By way of this petition under Article 227 of the Constitution of India, the petitioner – widow, heir and legal representative of Mr.R.M. Vyas, learned advocate, SCA/21347/2005 2/4 JUDGMENT has prayed for appropriate writ, order and/or directions quashing and setting aside the order dtd.3/5/2005 passed by the Debt Recovery Tribunal, by which the Debt Recovery Tribunal has directed the respondent bank to pay to the petitioner in all Rs.25,000 towards remuneration for the work done by the deceased Mr.R.M. Vyas. 2. It appears from the record that earlier Rs.75,000 was paid to the deceased Mr.R.M. Vyas who had worked as Court Commissioner. However, the same was appropriated towards expenditure borne by him and subsequently the Debt Recovery Tribunal passed an order to pay further sum of Rs.25,000 towards remuneration. Being aggrieved by and dissatisfied with the same, the petitioner has preferred present Special Civil Application. 3. Pursuant to the order passed by this Court, the respondent Bank has deposited Rs.40,000 in this Court which is invested in Fixed Deposit with the State Bank of India on 22/5/2006 for three years, which will mature on 22/5/2009. 4. In the facts and circumstances of the case, this court is of the opinion that if a further sum of Rs.25,000 is paid to the petitioner with interest thereon towards the SCA/21347/2005 3/4 JUDGMENT remuneration of work done by Mr.R.M. Vyas, as Court Commissioner, the same will meet the ends of justice and it will be a proper and reasonable remuneration for the work done by the deceased Mr.R.M. Vyas as a Court Commissioner. 5. The learned advocate appearing on behalf of the respective parties are aggreable for the above remuneration. Under the circumstances, the impugned order passed by the Debt Recovery Tribunal requires to be modified to the aforesaid extent. 6. In view of the above, present Special Civil Application is disposed of by modifying the impugned order passed by the Debt Recovery Tribunal, by directing the respondent Bank to pay Rs.25,000 (Rupees Twenty Five Thousand only) over and above the amount already paid earlier towards remuneration. Accordingly the registry is directed to pay Rs.25,000 (Rupees Twenty Five Thousand only) with interest accrued thereon on maturity of Fixed Deposit Receipt, to the petitioner by account payee cheque on proper identification and verification. The aforesaid cheque be handed over to the learned advocate appearing on behalf of the petitioner on her behalf. Balance amount of Rs.15,000 with interest accrued SCA/21347/2005 4/4 JUDGMENT thereon shall be paid by the registry to the respondent Bank by account Payee Cheque also on maturity of the aforesaid Fixed Deposit Receipt. Rule is made absolute to the aforesaid extent. No costs. [M.R. SHAH, J.] rafik