FA/1017/1988 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 1017 of 1988 ========================================================= GUJARAT HOUSING BOARD - Appellant(s) Versus GUJARAT HOUSING BOARD EMPLOYEES ASSOCIATION - Defendant(s) ========================================================= Appearance : MR ND NANAVATI for Appellant(s) : 1, MR YF MEHTA for Defendant(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 19/06/2008 ORAL ORDER
1. By
order dated 14.08.2006, this Court directed the Registry to issue
notice upon the respondent making it returnable on 11th
September, 2006 informing the respondent that their advocate has
expired and that they are required to make alternate arrangement.
Though Mr.Y.F.Mehta, learned Advocate is appearing on behalf of the
appellant, Registry has shown his name as if he is appearing on
behalf of the respondent. There is no endorsement by the Office as to
what happened to the notice issued pursuant to the order dated
14.08.2006. However, on inquiry it is found that Registry has infact
prepared notice after returnable date i.e. on 03.10.2006. On further
inquiry, the Deputy Registrar has submitted that even the notice has
been issued in ordinary course without giving any returnable date. It
appears from the endorsement of the Registry that the said notice
came in Notice Section (NS) on 03.10.2006. Thus it appears that
Registry has not complied with the order dated 14.08.2006. It is
required to be noted that by order dated 14.08.2006, notice was made
returnable on 11th September, 2006 and therefore, atleast
First Appeal ought to have been notified on Board on 11th
September, 2006, which is not notified. If for some reason notice
could not have been issued before the returnable date and returnable
date had gone, in that case, Registry was required to place the
matter on Board ‘for orders’ and could not have suo-motto
issued notice after returnable date that too in ordinary course
without any further order by the Court. It appears that same is done
to avoid any further consequence and/or action against the erring
Officer. Initially, concerned Deputy Registrar is directed to inquire
into the matter and submit the report before this Court by tomorrow.
Stand over to 20th June, 2008. Registry is directed to
make necessary endorsement on the Board whether the respondent is
served or not.
[M.R.Shah,J.]
satish