Gujarat High Court Case Information System
Print
LPA/2136/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 2136 of 2010
In
SPECIAL
CIVIL APPLICATION No. 4944 of 2009
With
CIVIL
APPLICATION No. 10398 of 2010
In
LETTERS
PATENT APPEAL No. 2136 of 2010
======================================
STATE
OF GUJARAT AND ANOTHER
Versus
DADUBHAI
UNNADBHAI KOHAR
======================================
Appearance
:
MR KAMAL TRIVEDI, ADVOCATE GENERAL for
Appellants.
MS REENA KAMANI with MR PH PATHAK for
Respondent.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 22/11/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. The
State has called into question, by way of present appeal, oral
judgment dated 9.9.2010 of learned Single Judge of this Court in
Special Civil Application No.4944 of 2009. Learned Advocate General
appearing for the appellant fairly stated that the appellant would
not press appeal on the understanding and condition that the
respondent shall be entitled to the benefits under the impugned order
with effect from 13.11.1998, i.e. the date of order in related
Special Civil Application No.7554 of 1998; that the respondent would
not press his application for contempt of Court and the benefits, to
be calculated and paid to the respondent within a period of one
month, shall not be a precedent for any other case of similar nature.
2. Learned
counsel, Ms.Reena Kamani, appearing with learned counsel,
Mr.P.H.Pathak, submitted that the respondent has no objection to
receiving the benefits arising from the impugned judgment on
aforesaid conditions and that the appeal may be disposed with the
stipulations stated by learned Advocate General.
3. Accordingly,
the appeal is disposed with the direction that the benefits due to
the respondent under impugned oral judgment dated 9.9.2009 in Special
Civil Application No.4944 of 2009 shall be duly calculated and paid
to the respondent within a period of one month and latest by 30th
December 2010, and grant of such benefit shall not be a precedent for
any other case. The respondent shall withdraw his application
regarding contempt of Court, if it is still pending. The appeal
along with Civil Application stands disposed accordingly with no
order as to costs.
(D.H.Waghela,
J.)
(J.C.Upadhyaya,
J.)
*malek
Top