ttm 1 wp1161-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1161 OF 2011 Smt.Vasanti Shashikant Kulkarni .. Petitioner Vs. The New India Assurance Company Ltd. and Anr. .. Respondents Mr.Jeffrey Joseph for the petitioner Mr.V.Y.Sanglikar for respondent no.1 Mr.J.S.Saluja, A.G.P. for respondent nos.2 to 4 CORAM : D.B.BHOSALE & K.K. TATED, JJ. DATE : 28th NOVEMBER, 2011. P.C. 1. Heard the learned counsel for the parties. 2. The petitioner, in the present Writ Petition is seeking the following relief: "(a) Issue a writ of mandamus or any other such writ directing the respondents to pay to the petitioner the pending dues of the petitioner's late husband along with interest @ 12% p.a. from 1.8.2000 till the payment thereof." ttm 2 wp1161-11.doc 3. Mr.Sanglikar, the learned counsel for respondent no.1 at the outset has invited our attention to the following paras in his affidavit in reply: (v) In view of pendency of the criminal case against Shri Kulkarni, we paid provisional pension to Shri Kulkarni under paragraph 45(1) of the General Insurance Employees Pension Scheme, 1995. After Shri Kulkarni's death on 23.9.2009, we paid family pension to the petitioner under paragraph 38(1)(c) of the said Pension Scheme, 1995. (vi) Gratuity amount of Rs.3,05,483/- payable to Shri Kulkarni had to be withheld as per para 45(2) of the said Pension Scheme, 1995 as the Criminal case against Mr.Kulkarni was pending at the time of retirement. Even though Mr.Kulkarni was reported dead, we could not release the same as his legal heirs could not produce abatement certificate from the Trial Court. The Criminal Manual, 1980 for the State of Maharashtra contains the following provision under Chapter VI; "Where, pending a criminal case, the accused is reported to be dead and the case, therefore, abates, the Court should pass an Order recording these facts in the following form:- "Accused reported to be dead" 'Proceeding abate.' (vii) We are ready to pay the said amount of Rs.3,05,483/- without interest to the petitioner on her producing the abatement certificate as above." ttm 3 wp1161-11.doc 4. On instructions, Mr.Sanglikar, the learned counsel for respondent no. 1 submits that if the petitioner produces copy of the order regarding abatement, they would release of the gratuity amount within a period of four weeks therefrom. 5. His statement is accepted. 6. In view thereof, the learned counsel for the petitioner does not press this writ petition. 7. Writ Petition is disposed of accordingly. It is open to the petitioner to take appropriate remedy for recovery of any other legal dues. (K.K. TATED, J.) (D.B. BHOSALE, J.)