1. The petitioner No.1 is Federation of Forest Workmen Co-op. Societies which had preferred Special Civil Suit No. 205 of 2001 seeking declaration that the members workmen working under different Co-operative Societies in the Forest of District Valsad, be treated to be continuing into the service furthermore the petitioner No. 1 had also prayed for their salaries /remuneration, which was outstanding for past many years with interest at the rate of 6% per annum from the respondents herein.
2. After due adjudication, the Court below passed a decree in favour of the petitioners and in the said judgment and order the Court directed the respondent authorities to pay total amount of Rs 11,38,35,864.24 ps (Rupees Eleven crore, Thirty eight lacs, thirty five thousand, eight hundred sixty four and twent four paise) with 6% interest thereon, on 30th October 2007.
3. This has been challenged before the District Court by the respondents Registrar, Co-operative Societies, by preferring Regular Civil Appeal No. 62 of 2007 in which the notice came to be issued by the Appellate Forum on 23rd October 2007 to the present petitioner. It is averred in the petition that no stay is granted or any direction given to the petitioner to deposit the amount towards fulfillment of the decree.
4. The present petition is preferred by the petitioners original-plaintiffs under Article 226 and 227 of the Constitution of India seeking to direct the respondent authorities to pay decreetal amount as decreed by the Additional Senior Civil Judge in Special Civil Suit No. 205 of 2001 on its order and judgment dated 31st August 2007.
4. Though this petition is at the admission stage the learned Assistant Government Pleader Ms Rekha Patel has also been asked to assist the Court on the subject. She urged that respondents have no intention to delay the appeal.
5. Learned advocate for the petitioner could not point out as to when there is an efficacious remedy available to the petitioners, it has chosen the present petition. Though reiteratively, inquired learned advocate for the petitioner states that the Appellate Court has failed to proceed with the matter and also did not direct the respondent to deposit any amount while admitting the appeal and as the huge amount is to be recovered from the respondents considering the poor financing condition of the members of the petitioner society, this petition is requested to be allowed by giving direction to the respondent to pay the decreetal amount to the petitioner.
5. In the opinion of this Court in the wake of other efficacious remedies available to this petitioner, present petition cannot be entertained. It can be noted that there is no request made by the petitioner to the Appellate Court where the Appeal is pending being the Appeal No. 62/ 2007 for expeditious hearing nor has any request made to the Appellate forum to direct the respondent herein to deposit any amount towards the fulfillment of the decreetal dues. The petitioner is within its right to prefer execution petition as there is no stay granted by the Appellate Court and in such circumstances the present petition does not succeed. However, as a parting note, considering the cause of the members of petitioner society and huge amount decreed in its favour towards non-payment of salaries for many years. Petitioner may approach the Appellate forum on appropriate advice for expeditious hearing of appeal and respondent authority is directed through learned Assistant Government Pleader to co-operate when such a request is made to the Appellate forum and also to proceed with the appeal pending before the District Court if so directed. The learned District Court shall consider such a request sympathetically keeping in mind the course of the petitioner. This request of course shall not preclude the petitioner from preferring execution of decree if it so deems fit.
6. With this direction this petition is disposed of. Direct service is permitted.
(Ms.
Sonia Gokani,J.) mary// Top