SCA/24477/2007 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 24477 of 2007 ========================================================= MERCANTILE CO-OPERATIVE BANK LTD. - Petitioner(s) Versus POST MASTER - Respondent(s) ========================================================= Appearance : MR MA KHARADI for Petitioner(s) : 1, MS SEJAL K MANDAVIA for Respondent(s) : 1, MS ROOPAL R PATEL for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 09/07/2008 ORAL ORDER
Upon
hearing Mr.Kharadi, learned Counsel for the petitioner and
Ms.Mandavia, learned Counsel for the respondent, it appears that if
subject to the outcome of the proceedings of C.R.A. No.879 of 1986,
the certificates (NSCs), if renewed at the interval of every six
years by the Postal Department, no prejudice will be caused and on
the contrary, it would enable the authorised party, may be the
holder of the certificate or the assignee to get the amount with
accrued interest. Further, the fact remains that the Postal
Department or the Government of India has not made any payment
pursuant to the said certificates and has continued to retain the
amount and, therefore, keeping in view the principles of
compensatory liability, it would be just and proper to direct
respondents to renew such certificates, more particularly when it is
not even the case of the respondents that such certificates are not
renewable if authority is given for such purpose. However, the
payment, if any, cannot be so authorised until the proceedings of
C.R.A. No.879 of 1986 are finalized in either way. Further it also
appears that with a view to have uniformity in the orders passed by
this Court, may be in C.R.A., or in the present petition at the
final stage, it would be just and proper if both the matters namely;
the present petition as well as C.R.A. No.879 of 1986 shall be heard
by one Bench of this Court.
Hence
the following order:-
(a) Rule.
(b) By
interim order, it is directed that the respondents shall renew the
National Saving Certificates, which are subject matter of this
petition from the date on which it had become due and shall continue
to renew at the interval of every six years from time to time.
However, the payment, if any, including that of encashment, shall be
subject to final order, which may be passed by this Court in the
present proceedings as well as in C.R.A. No.879 of 1986.
Office
to place the matter before the Hon’ble the Acting Chief Justice on
administrative side for listing of C.R.A. No.879 of 1986 as well as
the present petition before one Bench of this Court, as may be
ordered by the Hon’ble the Acting Chief Justice on administrative
side. Direct service is permitted.
9.7.2008 (Jayant Patel, J.) vinod