SCA/30225/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 30225 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE C.K.BUCH ========================================================= 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 ? ========================================================= ATMARAMN MADHAVLAL PATEL & 1 - Petitioner(s) Versus STATE OF GUJARAT THROUGH SECRTARY & 5 - Respondent(s) ========================================================= Appearance : MR PR NANAVATI for Petitioners MR VINAY PANDYA, ASSTT. GOVERNMENT PLEADER for Respondents : 1-2 MR AMAR N BHATT for Respondent(s) : 3, 5, MR DHARMESH V SHAH for Respondent(s) : 6, ========================================================= CORAM : HONOURABLE MR.JUSTICE C.K.BUCH Date : 13/02/2008 ORAL JUDGMENT 1. Petitioners are permitted to delete respondent no.4. 2. Heard Mr. P.R.Nanavati, learned counsel for the SCA/30225/2007 2/4 JUDGMENT petitioners, Mr. Vinay Pandya, learned AGP for respondent nos. 1 and 2, Mr. Amar Bhatt, learned counsel for respondent nos. 3 and 5 and Mr.Dharmesh Shah, learned counsel for respondent no.6. 3. Rule. Mr. Vinay Pandya, learned AGP for respondent nos. 1 and 2, Mr. Amar Bhatt, learned counsel for the respondent nos. 3 and 5 and Mr.Dharmesh Shah, learned counsel for the respondent no.6 waive service of Rule on behalf of the respective respondents. 4. At the request of the parties, the matter is taken up for final hearing. 5. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioners have prayed that appropriate writ, order or direction may be issued to the respondent nos. 3, 5 and 6 to pay Rs. 1.00 lakh more to the petitioners over and above Rs. 1.00 lakh already received by them in the background of the revised policy. 6. Mr. Nanavati has submitted that this Court,on 22nd June, 2007 has passed similar order in Special Civil Application No. 21425 of 2006 [Coram: Akshay H. Mehta, J.]. It would be beneficial to reproduce the order relied upon by Mr. Nanavati. “In this petition, the grievance of the petitioners is that the deposits of the petitioners are wrongly clubbed by respondent no.6. However, the said grievance SCA/30225/2007 3/4 JUDGMENT does not survive in view of the revised policy of respondent no.5, which is placed on record by Mr. Amar Bhatt along with the covering letter addressed to Mr. Bhatt by respondent no.5. In view of the same, respondent no. 6 is now directed to lodge a fresh claim in respect of the petitioners treating the deposit to be separate within two months from the date of this order and upon receipt of the claim, respondent no.5 will make payment within two months from the date of receipt of the claim after making due scrutiny. With the aforesaid direction, the petition stands disposed of.” 7. According to Mr. Amar Bhatt, learned counsel for respondent nos. 3 and 5, the policy has been revised. He has submitted that in view of the revised policy of clubbing of joint accounts, the grievance of petitioners does not survive and this Hon'ble Court may direct the respondent no.6, that is, the Liquidator of Visnagar Nagrik Sahakari Bank Ltd., Visnagar, to lodge a fresh claim in respect of the petitioners treating the deposits to be separate and upon receipt of the claim, the respondent Corporation will make payment within two months from the date of receipt of the claim after making due scrutiny. 8. According to Mr. Dharmesh Shah, learned counsel for the respondent no.6, revised claim of the petitioners has been scrutinized by the respondent no.6 and the same have been sent to respondent nos. 3 and 5. According to Mr. Bhatt, on receipt of revised claim of the petitioners, they will scrutinize the same at their level and will pay the amount to the respondent no.6 SCA/30225/2007 4/4 JUDGMENT so that the same, can,in turn, be paid to the petitioners. 9. In view of the facts stated herein above, present petition is hereby allowed with the following directions. 10.Respondent nos. 3, 5 and 6 are directed to scrutinize the revised claim of the present petitioners and in view of the revised policy, the respondent Corporation will make payment of the amount to the respondent no. 6 within 8 weeks from the date of receipt of the list from the respondent no. 6 and the respondent no.6, in turn, shall pay the said amount of Rs. 1.00 lakh to the petitioners at the earliest, that is, within one week from the date of receipt of payment from respondent nos. 3 and 5. It is clarified that the petitioners are entitled to Rs.1.00 lakh as per the revised claim and not for interest on the said amount. 11.The petition is allowed accordingly. Rule is made absolute in the aforesaid terms. No costs. [C.K. BUCH, J.] pirzada/-