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SCA/16450/2010 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16450 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE K.M.THAKER
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
HANJAR
CINEMA - THROUGH MANAGER / ADMINISTRATOR - Petitioner(s)
Versus
STATE
OF GUJARAT - THROUGH COLLECTOR & DISTRICT MAGISTRATE -
Respondent(s)
=========================================================
Appearance
:
MR
MB GANDHI for
Petitioner(s) : 1,MR CHINMAY M GANDHI for Petitioner(s) : 1,
MS
MANISHA LAVKUMAR AGP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 28/12/2010
ORAL
JUDGMENT
1. Heard
Mr.Gandhi, learned advocate for the petitioner and Ms.Manisha Shah,
learned AGP for the respondent-State.
2. Rule.
Ms.Manisha Shah, learned AGP wavies service of notice of Rule on
behalf of the respondent-State.
3. Mr.Gandhi,
learned advocate for the petitioner has submitted that the financial
position of the petitioner is very critical and the petitioner would
need twelve installments to pay the total amount in question. He has
also submitted that before submitting present petition, the
petitioner had approached the authority with a request for
installments, however the request came to be turned down. He has
further submitted that the petitioner intends to make the full
payment, however all that the petitioner’s request is time for making
the payment.
4. The
request is vehemently opposed by Ms.Manisha Shah, learned AGP. She
has submitted that the payment is overdue since long and after
considering the reasons urged by the petitioner authority, in its
discretion, has declined to grant installments. She has also
submitted that in the facts and circumstances of the case, neither
the request is justified nor the petitioner is entitled to more time
so as to make the payment. The learned AGP also submitted that the
petitioner simply wants to while away time and would again, come out
with similar request. In response to the said objections by the
learned AGP, Mr.Gandhi, learned advocate for the petitioner submitted
that the petitioner would clear the dues within the time that may be
granted by the Court.
5. Having
regard to the facts and circumstances of the case and the
submissions by the learned counsel for the respective parties, I am
inclined to partly allow the petition by granting some
time-installments, subject to certain conditions. Hence, following
order is passed.
6. The
petitioner shall clear the entire dues demanded by the authority in
six monthly installments starting from 10th January, 2011
i.e. on or before 10th June, 2011. The petitioner shall
make payment of the first installment on or before 10th
January, 2011 and the balance amount will be cleared in five
installments. In the last installment, the entire balance of
outstanding dues shall be cleared so that on the expiry of the time
limit no amount may remain unpaid. The petitioner shall file,
through its all Directors or all partners or the sole proprietor, as
the case may be, on or before 11th January, 2011, an
undertaking on affidavit declaring and stipulating he/they shall
abide by the aforesaid conditions and that the payment shall be made
as per the schedule directed by present order. A copy of such
undertaking shall be forwarded to the Competent Authority and also to
the learned AGP, besides filing it on record of present petition.
7. In
the event, the schedule is not diligently observed, present order
shall cease to operate and it would be open to the authority to take
steps to recover the amount in accordance with law and it would also
be open to the authority to charge interest from the date of default
until the date of recovery at the lending rate charged by the
Nationalized Banks.
8. With
the aforesaid directions, the petition is partly allowed. Rule is
made absolute. No costs.
(K.M.
Thaker, J.)
rakesh/
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