VICE CHAIRMAN and MANAGING DIRECTOR,A.P. STATE ESSENTIAL COMMODITIES CORPORATION LTD. and ANR. Vs. C.V. V
EmailAppeal: CIVIL APPEAL NO.1220 OF 2016
Petitioner: VICE CHAIRMAN and MANAGING DIRECTOR,A.P. STATE ESSENTIAL COMMODITIES CORPORATION LTD. and ANR.
Respondent: C.V. VISWANATHAM and ANR. .
Judges: ANIL R. DAVE , ADARSH KUMAR GOEL
Date of Judgment: Feb 12, 2016
JUDGEMENT:
NON- CIVIL APPELLATE JURISDICTION
INTERLOCUTORY APPLICATION NO.3 of 2016 (For stay of contempt proceedings) AND CIVIL APPEAL NO.1220 OF 2016 (Arising out of SLP(C)No.5113 of 2015)
VICE CHAIRMAN & MANAGING DIRECTOR,A.P. STATE ESSENTIAL COMMODITIES CORPORATION LTD. & ANR. … APPELLANT(S)
VS.
C.V. VISWANATHAM & ANR. … RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Mr. K. Sita Rama Rao, learned counsel appearing on behalf of Mr. Shree Pal Singh, leaned Advocate-on-record, has submitted that he is appearing for Respondent No.1. Respondent No.2, being a proforma party, is deleted from the array of parties at the risk of the appellants. 2. Heard the learned counsel for the parties. 3. Leave granted. 4. Looking at the facts that the respondent has admittedly attained the age of superannuation and he had hardly worked for 5 or 6 years before his superannuation, we modify the impugned judgment to the effect that in all a sum of Rs.2 Lakhs (Rupees Two Lakhs only) shall be paid by the appellants to the respondent, within three months from today. We also note the fact that up till now a sum of Rs.1 Lakh (Rupees One Lakh only) has already been paid to the respondent. The afore-stated amount of Rs.2 Lakhs is in addition to the amount of Rs. 1 Lakh, which has already been paid and that will be towards full and final settlement of the claim which could have been made by the respondent. 5. The appeal is disposed of as allowed with no order as to costs. 6. In view of disposal of the main matter, there is no issue with regard to initiation of contempt proceedings and therefore, the contempt proceedings are quashed. With these observations, I.A.No.3/2016 stands disposed of. 7. Pending application, if any, stands disposed of.
…………..J. [ANIL R. DAVE]
…………..J. [ADARSH KUMAR GOEL] New Delhi; 12th February, 2016.
INTERLOCUTORY APPLICATION NO.3 of 2016 (For stay of contempt proceedings) AND CIVIL APPEAL NO.1220 OF 2016 (Arising out of SLP(C)No.5113 of 2015)
VICE CHAIRMAN & MANAGING DIRECTOR,A.P. STATE ESSENTIAL COMMODITIES CORPORATION LTD. & ANR. … APPELLANT(S)
VS.
C.V. VISWANATHAM & ANR. … RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Mr. K. Sita Rama Rao, learned counsel appearing on behalf of Mr. Shree Pal Singh, leaned Advocate-on-record, has submitted that he is appearing for Respondent No.1. Respondent No.2, being a proforma party, is deleted from the array of parties at the risk of the appellants. 2. Heard the learned counsel for the parties. 3. Leave granted. 4. Looking at the facts that the respondent has admittedly attained the age of superannuation and he had hardly worked for 5 or 6 years before his superannuation, we modify the impugned judgment to the effect that in all a sum of Rs.2 Lakhs (Rupees Two Lakhs only) shall be paid by the appellants to the respondent, within three months from today. We also note the fact that up till now a sum of Rs.1 Lakh (Rupees One Lakh only) has already been paid to the respondent. The afore-stated amount of Rs.2 Lakhs is in addition to the amount of Rs. 1 Lakh, which has already been paid and that will be towards full and final settlement of the claim which could have been made by the respondent. 5. The appeal is disposed of as allowed with no order as to costs. 6. In view of disposal of the main matter, there is no issue with regard to initiation of contempt proceedings and therefore, the contempt proceedings are quashed. With these observations, I.A.No.3/2016 stands disposed of. 7. Pending application, if any, stands disposed of.
…………..J. [ANIL R. DAVE]
…………..J. [ADARSH KUMAR GOEL] New Delhi; 12th February, 2016.
