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SCA/9456/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9456 of 2008
=========================================================
GHANSHYAMSINH
AJITSINH JADEJA - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
MITUL K SHELAT for
Petitioner(s) : 1,
MS ARCHANA RAVAL, AGP for Respondent(s) :
1,
None for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE SHARAD D.DAVE
Date
: 19/09/2008
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
Learned
AGP Ms.Raval has produced copy of the affidavit made by one Nanjibhai
Purshottambhai Patel, Executive Engineer, National Highway Division,
Rajkot to state that since the order made by us on 8th
September, 2008, the said respondent had acted promptly and had seen
to it that Rs.16,80,805/- due to the petitioner pursuant to the award
dated 5th August, 2004 is deposited in the District Court,
Rajkot. The deposit is made on 15th September, 2008.
We
are completely at loss. What the respondents had to explain was the
delay caused at their end since the date of the award and since the
proposal to make the payment of the said outstanding dues made on
18th April, 2006. The said explanation has not come forth.
Further, the amount deposited answers the amount of the award and
the interest calculated upto 31st March, 2007. It is a
matter of common knowledge that the interest is required to be paid
till the date of payment. The respondents have not explained why
interest upto the date is not paid.
Rule
returnable on 20th November, 2008. Ms.Raval appears for
and waives service of notice of rule on behalf of the respondents.
The sum of Rs.16,80,805/- deposited in the District Court, Rajkot
will be remitted to the petitioner Ghanshyamsinh Ajitsinh Jadeja.
Pending this petition the respondents will, within one month from
today, pay to the petitioner statutory interest for the period from
1st April, 2007 to 14th September, 2008.
(
Sharad D Dave, J ) (Ms.R.M.Doshit,J)
srilatha
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