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SCA/13347/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13347 of 2010
=========================================================
VASAVDATTA
A BHATT - ADVOCATE - Petitioner(s)
Versus
GENERAL
MANAGER & 3 - Respondent(s)
=========================================================
Appearance
:
MS
HINA DESAI for
Petitioner(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 - 2,
4,
MR RAVI KARNAVAT for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 22/10/2010
ORAL
ORDER
Heard
learned advocate Ms. Hina Desai on behalf of petitioner, learned
advocate Mr. Ravi Karnavat appearing for respondent Western Railway
authority.
This
Court has passed an order on 8/10/2010, which is quoted as under:
1. Heard
learned advocate Ms. Hina Desai on behalf of petitioner.
2. Considering
submission made by learned advocate Ms. Desai issue notice to
respondent returnable on 22/10/2010.
3. By way of
interim relief it is directed to respondent to consider statement of
pending bills submitted by advocate Mrs. Vasavdatta Bhatt at page 13
to 15 and also consider request made by her on 7/4/2008, 9/9/2009
and 14/9/2010. It is further directed to respondent to pay legal
fees in respect to pending cases as pointed out by learned advocate
Mrs. Bhatt which are not disputed by respondent or being undisputed
amount of legal fees on or before 22/10/2010. Direct service is
permitted today.
In
response to notice issued by this Court and also granting interim
relief against respondent, learned advocate Mr. Karnavat having
instruction from Chief Claim Officer, Western Railway vide letter
dated 21/10/2010. The following averment made in aforesaid letter is
quoted as under:
In
this case you have been engaged as Rly Advocate to represent the
case on behalf of Rly Administration. The petitioner has filed this
civil application for non payment of her fee bill.
The
details of Advocate Bills in which payment has already been made are
enclosed.
In
this regard it is submitted that as per High Court’s order we are
considering the remaining pending bills of Advocate fee for payment
and Rly Administration prepared to settle the issue in full &
final within Eight Weeks from today, as per Terms and Conditions
applicable subject to providing of Duplicate Bill if any and correct
Bill by the petitioner.
The
duly signed Vakalatnama by the competent authority along with copy
of SCA is enclosed for your ready reference to contest the case
please.
In
light of averment made in aforesaid letter dated 21/10/2010, the
Western Railway Authority has not disputed claim of petitioner,
which has been submitted by petitioner to Western Railway Authority.
Therefore,
let this thing is to be finalized as early as possible on or before
1/11/2010 and whatever payment is due in favour of petitioner let
that payment is to be made on or before 1/11/2010 to petitioner by
A/c payee chque in her name without any further delay.
In
view of above observation and direction, present petition is
disposed of by this Court without expressing any opinion on merits.
Direct service is permitted today.
(H.K.RATHOD,
J)
asma
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