VIJAY KUMAR KAUL v. MANAGING DIRECTOR, HPSFDC LTD.
Court: High Court of Himachal Pradesh
Bench: HON'BLE MR. JUSTICE SURESHWAR THAKUR,HON'BLE MR. JUSTICE SANDEEP SHARMA
Judgment date:
Case summary
High Court of Himachal Pradesh judgment dated 2020-12-30. VIJAY KUMAR KAUL v. MANAGING DIRECTOR, HPSFDC LTD. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 4578 of 2020 Decided on : 30. 12. 2020 Vijay Kumar Kaul …Petitioner. Versus Managing Director, HP State Forest Development Corporation and others …. Respondents. Coram: The Hon’ble Mr. Justice Sureshwar Thakur, Judge. The Hon’ble Mr. Justice Sandeep Sharma, Judge. 1 Yes. Whether approved for reporting? For the Petitioner: Mr. V. B Verma, Advocate. For the Respondents: Mr. Vinod Thakur, Advocate. (Through Video Conferencing) Sureshwar Thakur, J (oral) Through the impugned order of recovery, efforts are made by the respondents, to recover some borrowed amounts, from the writ petitioner. The afore recovery(s) are endeavored to be made, from the pecuniary amounts, hence defray-able towards gratuity, and, also towards leave encashments, to, the writ petitioner. 2. It is under well settled, through a verdict, made by the Hon’ble Apex Court, in Special leave to appeal (c) No(s).
11025/2020 1 Whether reporters of the local papers may be allowed to see the judgment? …2… titled as M/s Steel Authority of India Ltd. Versus Raghbendra Singh and others, that, the afore endeavor strictly qua valid unliquidated governmental dues, rather enjoys an aura, of, validation. Consequently, if the afore endevour falls within domain thereof(s), thereupon it does acquire, an, aura of validation. 3.
Be that as it may, it is clarified that borrowings, if any, made by the writ petitioner, from financial institution(s) concerned, and, theirs working towards his therethrough, creating movable and immovable assets, when may otherwise become covered, by apposite mortgage deeds, and, hypothetication deeds, executed inter-se the writ petitioner, and, the financial institution concerned, and, are realisable therefrom, (a) thereupon recovery(s), if any, qua therewith, if are endeavored to made, may not be made (b) as, thereupon the petitioner may dehors his liquidating the afore borrowings through monthly apposite remittances, rather become defacilitated to from the fullest releasing to him, of post retiral benefits, hence promptly make the apposite liquidations to the financial institution(s) concerned.
Nonetheless, the writ petitioner, shall file an affidavit, before the employer concerned, that he shall promptly ensure his liquidating all the installments of the apposite amortized borrowings, for, his …3… therethrough(s) creating hence immovable and movable assets. It is further clarified that in case the writ petitioner, within two months, liquidates the afore borrowings, thereupon the financial institution(s) concerned, shall ensure de-hypothetication, of, the vehicle concerned, and of redemption(s), of, the mortgage(s) of immovable assets’ concerned. In view of the above, the present petition stands disposed of alongwith all pending applications. ( Sureshwar Thakur), Judge. th 30 December, 2020 ( Sandeep Sharma ), (priti) Judge.
Source: High Court of Himachal Pradesh. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.