1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Civil Application (CAW) No. 1302 of 2010 with Writ Petition No. 3251 of 2009 Vasant Narayan Borkar and others ...VERSUS... Bhandara District Co-operative Agri. Gramin Multipurpose Devp. Bank and others =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-==- Mr. R.O.Sharma, Advocate for the petitioners. Mr. N.S.Talmale, Advocate for Respondent No.1,2&5 Mr. A.S.Fulzele, A.G.P. for Respondent nos.4&6 C ORAM : D.B.BHOSALE ; and PRASANNA B. VARALE, JJ. DATED : 16th August, 2010. 1] Heard learned counsel for the parties. 2] By this civil application, the applicants- petitioners have prayed for direction to respondent nos.1 and 2 - bank to send the bill of demand with respect to the amount which is required to be paid to the petitioners, to respondent no.3 – apex bank i.e. Maharashtra State Cooperative Agricultural Rural Multipurpose Development Bank Ltd., within time frame. In the writ petition, the petitioners-applicants have prayed for declaration that they are entitled to receive Additional Index Dearness Allowance from 01/4/1996, as per the settlement dated 27/10/1996. They have also made the consequential prayers in the writ petition. 2 3] In reply to the civil application and the prayers made therein, respondent nos.1 and 2 have filed reply affidavit dated 16/7/2010. In the reply, the In-charge Manager of respondent nos.1 and 2 – bank has stated thus : “That, on 14.7.2010 I demanded Rs. 3,84,82,886/- inclusive the claims of petitioners from the respondent no.3 vide demand letter dt/- 14.7.2010 & this demand has been made as per official procedure. The details of demanded amount are given as under :- Form No.A :- 1] Regular pay of 72 employees on Pay Roll from 10th March to 10th June, 2010 Rs.56,21,244/- 2] Add. Index & D.A. Amount of 72 employees on pay roll from 10.3.2010 to 30.7.2010 Rs. 29,69,499/- 3] Administrative Expenses Rs. 01,89,000/- Form No.B :- 1] Gratuity amount & Leave salary of 12 retired employees from April 2008 to 30.6.2010 Rs.50,30,836/- Form No.C :- 1] Additional Index DA Amount of petitioners (44) Rs.82,10,198/- 2] Additional Index DA amount of other retired employees(35) Rs.63,37,883/- 3] Additional Index DA amount of 72 employees on pay roll Rs.1,01,24,227/- --------------------------- Total Rs.3,84,82,886/- -------------------------- That, I undertake that I will make payment to the petitioners within 15 days after receipt of their aforesaid amount.” 3 4] From perusal of the affidavit, it is clear that respondent nos.1 and 2 have demanded Rs.3,84,82,886/- from respondent no.3 - apex bank. It is further clear that they have not denied their liability to pay the amount as demanded in the prayer clause (a) of the writ petition. 5] In view thereof, learned counsel for the petitioners submits that the petition itself may be disposed of by accepting the statements made on affidavit with a direction to respondent nos.1 and 2 to pay the amount within time frame from the date the amount, as demanded from respondent no.3, is received by them. 6] In the circumstances, we dispose of the civil application and the writ petition by following order : a] Respondent nos.1 and 2 shall pay the amount, as demanded by the petitioners in prayer clause (a) of the writ petition and as stated in the reply affidavit dated 16/7/2010, within a period of eight weeks from the date they receive the amount from respondent no.3 – apex bank. b) We observe that respondent nos.1 and 2 shall make all endeavour to get this amount from respondent no.3 at the earliest. If they fail in their efforts, they shall communicate the decision of respondent no.3 – apex bank to the petitioners, within a period of four weeks from the date of receipt 4 of such decision. In that event, it is open for the petitioners to adopt appropriate remedy for redressal of their grievance. c) We are not expressing any opinion as to the liability of respondent no.3 – apex bank to pay the amount as mentioned by respondent nos.1 and 2 in their aforementioned affidavit. If, however, they accept the liability, they shall transfer the said amount to respondent nos.1 and 2 to enable them to pay the dues of the petitioners expeditiously. If, for any reason, respondent no.3 – apex bank has any reservation and/or they deny their liability to pay the said amount to respondent nos.1 and 2, they shall pass such order and communicate the same to the petitioners so also to respondent nos.1 and 2, after giving them an opportunity of hearing. We hope and trust that respondent no.3 – apex bank shall take the steps in that regard expeditiously. 7] With these observations, the civil application and the writ petition are disposed of. In view of final disposal of the writ petition, the Civil Application (CAW) Nos.1825/10 and 1826/2010, do not survive and disposed of as such. JUDGE JUDGE Diwale