Indu Devi vs Ashok Kumar Singh And Ors

Pursuant to the order dated 29.11.2019, the matter was referred to Secretary, JHALSA, Ranchi for amicable settlement with respect to the amount

which should be paid to the petitioner after adjusting the penal rent charge against the quarter in question.

As per the report dated 19.12.2019 of the Mediator, JHALSA, Ranchi, it appears that the mediation has failed.

The instant application has been preferred by the petitioner-wife against the judgment dated 24.05.2013 passed by the learned Principle Judge,

Family court, Bokaro in Criminal Misc. Case No. 04 of 2013 whereby the petition filed by the petitioner under Section 127 Cr.P.C has been disposed of with the direction as under:-

Hence, order for one time maintenance allowance is necessary in this case for the ends of justice. Accordingly, the Misc. Petition filed on behalf of the petitioner-Indu Devi is allowed only to the extent that the opposite party is directed to pay the sum of Rs. 10,00,000/- from his retiral benefits to the petitioner No. 1-Indu Devi as one time maintenance. The petitioner-Indu Devi is also directed to vacate the said quarters of the opposite party before his retirement, so that he may get released his retiral benefits. In sureties of the payment of the said amount to the petitioner-Indu Devi from the retiral benefits of the opposite party, let a letter to the employer of the opposite party i.e.

BSL/SAIL be sent directing to deduct an amount of Rs. 10,00,000/-from the retiral benefits of the opposite party and transmit the same in the account of the petitioner-Indu Devi. The petitioner-Indu Devi is directed to file photo copy of her Bank account, in which she desires the amount to be deposited/remitted.

The learned counsel for the petitioner submits that the opposite party no. 2 and 3 (Officers of the Company) have not paid any amount as per the

direction of the learned trial court. He further submits that though initially she was not interested in vacating the quarter which was allotted by the company to opposite party no. 1 (husband) because the amount so directed was never paid to the petitioner but now the petitioner is ready to vacate the quarter subject to payment of entire amount which has been directed by the learned trial court.

The learned counsel for the opposite party no. 2 and 3 submits that the quarter in question was allotted to the opposite party no. 1 while he was in

service and now the said person has retired. Though, initially they opposed the prayer of crediting the amount from the account of opposite party no. 1

as directed by the learned trial court but now they are only interested in vacation of the quarter by the petitioner. He further submits that the company has calculated the penal rent as per the Company Rule which comes to around Rs. 3 lacs and since there was no fault of the Company as such they are not liable to pay any interest.

Heard learned counsel for the petitioner-wife, learned APP and learned counsel for the opposite party nos. 2 and 3. It is true that the quarter was

not vacated by the petitioner for a considerable long time as such the Company is entitled to take penal rent. However, it is also a fact that though the company was directed to pay Rs. 10 lacs to the petitioner-wife from the account of the opposite party no. 1 (husband) but the said amount was never paid to the petitioner, on the pretext that the petitioner continued to reside in the said quarter. However, the company never challenged the order passed by the learned trial court showing their intention and reason for non-compliance of the order of learned trial court.

In view of the aforesaid admitted position it is clear that on the one hand, the petitioner was entitled for Rs. 10 lacs in the year 2012 itself. As such,

she is also entitled for the interest thereon and on the other hand, the company is also entitled for penal rent for the said quarter and they have rightly claimed the penal rent from the petitioner for not vacating the quarter and for using electricity etc.

In my considered opinion, though the petitioner is entitled for interest on the aforesaid amount and the company is entitled for the penal rent as well

as the electricity and miscellaneous charges, it will be fair enough in the interest of justice that the petitioner who is an old lady aged about 63 years and totally dependent on this amount, as such, in my considered opinion in lieu of giving interest on the amount of Rs. 10 lacs, which the company was directed by the learned trial court, they should waive the penal rent. As such, a demand draft of Rs. 10 lacs should be paid in favour of the petitioner from the account of the opposite party no. 1 (husband).

It is made clear that the petitioner shall vacate the quarter within a period of 1 month from today. The Company in turn shall pay Rs. 10 lacs to the

petitioner within a period of 2 weeks from the date of vacation of the quarter. The petitioner shall hand over the key of vacant premises before the

Company which will be duly received by the opposite party no. 2 and 3.

It is expected that the entire exercise shall be completed on or before the next date of hearing i.e. on 07.02.2020.

Put up this case on 07.02.2020.