Dipika Shyam, v. Protim Shyam

O R D E R

29.05.2024

This Interlocutory Application has been filed by the respondent to the accompanying revision application seeking a direction for vacation, modification or alteration of the order dated 12.12.2024 passed by this Court and with a further direction to the ONGCL Authorities not to disburse 50% of the retirement benefits either to the petitioner's husband or the respondent wife till the disposal of the accompanying revision petition.

¶2The learned counsel appearing on behalf of the applicant submits that the opposite party herein who is the petitioner in the accompanying revision petition is going to retire on 31.05.2024 and it is the practice followed in the ONGCL that on the date of the retirement, the entire pensionay benefits are given on a lump sum to the employee. The learned counsel for the applicant therefore submits if an order is not passed today thereby directing the ONGCL to withhold the amount of 50% of the retirement benefits, it would be very difficult at the later stage for the applicant to get the said amount.

¶3On the other hand, Mr. I. A. Talukdar, the learned counsel appearing on instructions on behalf of the respondent submits that the matter be adjourned for a period of two weeks and till that date, the ONGCL may be directed not to release any retirement benefits either to the applicant or to the respondent. The learned counsel appearing on behalf of the Page No.# 3/3 respondent submits that the leading counsel in the matter Mr. S. Dasgupta is out of town, and as such, the applicant would be prejudiced if the matter is finally disposed of.

¶4Taking into account that a decision would be required to be made in respect to the legality and validity of the order dated 30.10.2023 passed in Title Suit (M) No.24/2018 and there is a imminent need of certain interim directions to be also passed else the applicant would also be severely prejudiced, this Court fixes this matter again on 24.06.2024.

¶5The ONGCL is directed not to release any retirement benefits to either the applicant or to the respondent till further order of this Court.

¶6A copy of the instant order be served upon the concerned ONGCL Authorities for due compliance.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010019122024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o oooooooooooooooooooooooooooooooooooooCaseoNo.:oI.A.(Civil)/1392/2024 DIPIKAoSHYAM W/O-oSRIoPROTIMoSHYAM oR/O-oONGCoCOLONY oQUARTERoNO.oB-109 oP.O. oP.S.oANDoDIST.oSIVASAGAR oPIN-o785640 oASSAM oVERSUS PROTIMoSHYAM S/O-oLATEoPUNESWARoSHYAM oPRESENTLYoRESIDINGoNEARoCHUNPURAoPETROLoPUMP oC/O-oSRIoKHAGENoPATOR oP.O.oSIMALUGURI oDIST.oSIVASAGAR oASSAM oPIN-o785686oANDoPERMANENToRESIDENToOFoBALIJANoSHYAMoGOAN oP.O.oKHARIKATIA oPS.oTITABOR oDIST.oJORHAT oPIN-o785633 oASSAM ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Forkthekapplicantk(s)kkkkkkkk:kMr.kS.kN.kTamuli,kAdvocatek o For;the;respondent;(s);;;;:;Mr.;I.;A.;Talukdar,;Advocate; oooooooooo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH