G.A.i.L. (India) Ltd. Vs. Advance Lamps Component and Tablewares (P.) Ltd. - Court Judgment

Excerpt:

.....terms. section 168 uses the word just compensation which, in our opinion, should be assigned a broad meaning. it cannot be lost sight of the fact that the private sector companies in place of introducing a pension scheme takes recourse to payment of contributory provident fund, gratuity and other perks to attract the people who are efficient and hard working. different offers made to an officer by the employer, same may be either for the benefit of the employee himself or for the benefit of the entire family if some facilities are being provided whereby the entire family stands to benefit, the same, must be held to be relevant for the purpose of computation of total income on the basis whereof the amount of compensation payable for the death of the kith and kin of the applicants is required to be determined. the amounts, therefore, which were required to be paid to the deceased by his employer by way of perks, should be included for computation of his monthly income as that would have been added to his monthly income by way of contribution to the family as contradistinguished to the ones which were for his benefit. from the said amount of income, the statutory amount of..........principally applies in case of hearing the matter by the court particularly at the time of grant or refuse to grant any order of injunction. under order xxxix, rule 3a, c.p.c. in case any ex parte order of injunction, expeditious hearing is to be made preferably within a period of 30 days from passing of such order. similarly under order xxxix, rule 4, c.p.c. aggrieved party is entitled to make application to get discharge/set aside/variation of the order. therefore, when the application has already been made by the appellant in the court below, two simultaneously proceedings, i.e., (i) application and (ii) appeal cannot be allowed to go on. application for discharge/ set aside/variation will be heard at first.2. therefore, taking into the totality of the matter, in our view we cannot grant any relief to the appellant at this stage of the proceedings. accordingly the appeal is dismissed. no order is passed as to costs.3. however, our order of dismissal will not cause any prejudice to the appellant in proceeding with the application and the court below shall proceed to decide the matter in accordance with law expeditiously preferably within a period of one month, if necessary by.....

Judgment:

ORDER

Amitava Lala, J.

1. This appeal has been preferred by the appellant being aggrieved by the order dated 28th March, 2007 under which an ex parte interim order of injunction has been granted by the learned District Judge, Firozabad in favour of the respondents herein. Learned Counsel appearing for the appellant further contended that interim order was subsequently directed to be continued. It has further Informed that on 18th April, 2007 when the appellant came to know about existence of the order, obtained a certified copy of the same to proceed with the matter. It appears that application for vacating the Interim order was also filed in the court below on 3rd May, 2007. However, this appeal has been preferred on the anxiety of the appellant that if the Injunction order continues it will be compelled to continue with the supply of the gas Irrespective of the expiry of the period. The application made In the court below under Section 9 of the Arbitration and Conciliation Act, 1996 at a pre-reference stage. According to us, the Code of Civil Procedure (hereinafter called as C.P.C.) principally applies in case of hearing the matter by the Court particularly at the time of grant or refuse to grant any order of injunction. Under Order XXXIX, Rule 3A, C.P.C. in case any ex parte order of injunction, expeditious hearing is to be made preferably within a period of 30 days from passing of such order. Similarly under Order XXXIX, Rule 4, C.P.C. aggrieved party is entitled to make application to get discharge/set aside/variation of the order. Therefore, when the application has already been made by the appellant in the court below, two simultaneously proceedings, i.e., (i) application and (ii) appeal cannot be allowed to go on. Application for discharge/ set aside/variation will be heard at first.

2. Therefore, taking into the totality of the matter, in our view we cannot grant any relief to the appellant at this stage of the proceedings. Accordingly the appeal is dismissed. No order is passed as to costs.

3. However, our order of dismissal will not cause any prejudice to the appellant in proceeding with the application and the court below shall proceed to decide the matter in accordance with law expeditiously preferably within a period of one month, if necessary by preponing the date fixed.

V.C. Misra, J.

4. I agree.