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SCA/10226/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10226 of 2010
=========================================================
SHREE
RAM PULSE MILLS (A PARTNERSHIP FIRM ) & 1 - Petitioner(s)
Versus
GUJARAT
STATE CIVIL SUPPLIES CORPORATION LTD THROUGH MANAGI - Respondent(s)
=========================================================
Appearance
:
MR
SP MAJMUDAR for
Petitioner(s) : 1 - 2.MR PP MAJMUDAR for Petitioner(s) : 1 - 2.
None
for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 03/09/2010
ORAL
ORDER
Heard
learned advocate Mr. SP Majmudar on behalf of petitioner.
In
respect to Contractual Obligation, respondent Corporation has not
paid amount to petitioner, who is being a State authority within a
meaning of Art. 12 of Constitution of India. The number of
occasion, request was made by petitioner demanding amount which has
been found to be due according to petitioner. But no response and
reply given by respondent Corporation, except letter dated 3/9/2010
where certain details have been demanded from petitioner i.e.
Partnership deed and whether Partnership Firm is registered or not?
For that, Registration certificate is also demanded by Corporation.
Against which, detailed reply is given by petitioner, which is at
page 85 Annexure J on 9/8/2010 remained unanswered and not attended
by Corporation though about one month is likely to be over.
Therefore, present petition is filed.
In
light of fact that State authority remained silent about claim of
petitioner and no reply is given. Therefore, it is directed to
respondent Corporation to consider reply given by petitioner on
9/8/2010 page 85 Annexure J and examine grievance of present
petitioner and find out, whether any amount is legal due and payable
to petitioner or not? and then to give answer to present petitioner.
However, in case if amount is not in dispute by Corporation then let
that amount is to be made to petitioner. It is also directed to
Corporation to decide aforesaid letter/reply given by petitioner
within a period of one month from date of receiving copy of present
order and communicate decision to petitioner.
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.
(H.K.RATHOD,
J)
asma
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