Gujarat High Court Case Information System
Print
AO/244/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 244 of 2008
With
CIVIL
APPLICATION No. 8061 of 2008
==========================================
THE
STATE OF GUJARAT & 1 - Appellant(s)
Versus
MANOJ
G OZA & 4 - Respondent(s)
==========================================
Appearance
:
MR HEMANG
PARIKH, AGP for Appellant(s) : 1 - 2.
None for
Respondent(s) : 1 - 3, 5,
MR JIGAR M PATEL for Respondent(s) :
4,
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 18/07/2008
ORAL
ORDER
1. The present Appeal from Order
is filed by the appellants to quash and set aside the order passed by
the learned City Civil Court, Ahmedabad in Civil Suit No. 3073/2004
dated 24/04/2007 below Notice of Motion by which the learned City
Civil Court, Ahmedabad has granted interim relief in terms of
paragraph 18(a) of the Notice of Motion restraining the appellants
from making recovery of Rs. 2,91,600/-, being an amount of
expenditure, which the respondents had spent, while they were sent
abroad under the Central Government Project.
2. The impugned order is passed
on 24/04/2007 and the said order is in operation since last more
than one year and three months. Even otherwise looking to the
impugned order and the fact that the respondents were sent abroad
for some training for a group study named ?SCleaner Production?? to
Adelaide University, Australia and the said amount was spent by the
respondents, which was, in fact, paid by the Central Government/State
Government as the nodal agency and which is subsequently sought to be
recovered by the State Government (not even the Central Government,
which had sponsored the aforesaid programme), it cannot be said that
the learned trial Court has committed any error in granting the
Notice of Motion restraining the appellants from recovering the said
amount, till the final disposal of the suit.
3. Under the circumstances,
there is no substance in the Appeal from Order and, therefore, the
Appeal from Order is dismissed.
CIVIL APPLICATION No.
8061/2008
In view of dismissal of the
Appeal from Order, no order on the Civil Application.
(M.R. SHAH, J.)
siji
Top