Quick Summary: A court fight between M/s Otarmal Kantilal & Co. and Ullhas Shankar Naik has ended in favor of Otarmal Kantilal & Co. The High Court decided that money added to the account after a legal order should be paid to them, reversing an earlier decision.
M/s Otarmal Kantilal & Co. took legal action against Ullhas Shankar Naik and another person to get back some money. They won a decision without Naik being present on July 7, 2009, for Rs. 52,205 plus 14% interest. The City Civil Court issued an order on July 22, 2009, to get the money from Naik's employer.
The City Civil Court decided that only the amount available at the time they received the order should be paid to Otarmal Kantilal & Co. At that time, only Rs. 362 was available. The court dismissed the notice to Naik's employer, which led to this appeal.
"The City Civil Court's decision that only the amount available when the order was received can be paid to the appellant cannot be accepted."
Judge Jitendra Jain looked over the case and found that the order stopped any payments to Ullhas Shankar Naik until the money owed was paid. The court noted that more money was added to Naik's account after the order, including Rs. 47,053 on June 25, 2010, which should have been paid to Otarmal Kantilal & Co.
Naik’s employer, Respondent No. 3, had inconsistencies in what they did. They deposited Rs. 22,000 and agreed to pay Rs. 15,709, which went against their claim that only the initial amount was payable.
"There is a contradiction in the challenged order to this extent."
The High Court canceled the previous order, allowing the appeal. It instructed the lower court to follow this decision according to the law. This ruling ensures that Otarmal Kantilal & Co. receives the money added after the order, securing what they are owed.
The appeal was allowed, and the case was closed.
