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MCA/250220/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2502 of 2008
In
SPECIAL
CIVIL APPLICATION No. 19904 of 2007
=========================================================
HETALKUMAR
DINESHKUMAR VAISHNAV - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Opponent(s)
=========================================================
Appearance
:
NANAVATY
ADVOCATES for
Applicant(s) : 1
- 2.
MR AJ DESAI, APP for Opponent(s) : 1
- 2.
NOTICE
SERVED BY DS for Opponent(s) : 1,
None
for Opponent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 29/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE DN PATEL)
Present
application has been filed for initiating actions against the
respondents under the Contempt of Courts Act, 1971 for the alleged
breach of an order passed by this Court dated 19th
September, 2007 in Special Civil Application No.19904 of 2007.
Having
heard the counsels appearing for both the parties and looking to the
facts and circumstances of the case, it appears that:-
looking
to the order passed by this Court dated 19th September,
2007, a direction was given to the respondent authorities to decide
the representation of the applicant in accordance with law within
a period of three months from the date of receiving the copy of such
representation.
It
is stated by the learned counsel for the respondents that now vide
order dated 26th September, 2008, the representation of
the original applicant has been decided by the Under Secretary,
Finance Department of the State of Gujarat. Copy of this decision
upon the representation has already been handed over to the
original applicant and copy has also been given to the learned
counsel appearing on behalf of the applicant.
Counsel
appearing on behalf of the applicant submitted that this decision
upon the representation is nothing but an eye wash and they have
wrongly decided this representation and, therefore, the applicant
will challenge this decision given by the respondents dated 26th
September, 2008.
In
view of the aforesaid facts and circumstances of the case and
looking to the direction given by this Court vide order dated 19th
September, 2007 in Special Civil Application and also looking to the
decision given by the respondent authorities dated 26th
September, 2008, now the representation has been decided. However,
it appears that still there is a grievance with the applicant. But
suffice it to say that there is a compliance of an order passed by
this Court by the respondents and there is no breach of the order
by the respondents much less a deliberate disobedience.
In
view of this, there is no substance in this application and,
therefore, this application is disposed of. Notice is discharged.
Interim relief, if any, stands vacated.
[R.P.DHOLAKIA,J]
[D.N.PATEL,J.]
radhan/
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