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MCA/381/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR CONTEMPT No. 381 of 2010
In
SPECIAL
CIVIL APPLICATION No. 3365 of 2009
=========================================================
JAYPRAKASH
HARISHCHANDRA MOGHE - Applicant
Versus
HASMUKH
ADHIA & 3 - Opponents
=========================================================
Appearance
:
MR
KIRIT J MACWAN for
Applicant.
MR M.R.MENGDEY, ASSTT.GOVERNMENT PLEADER for Opponents
: 1 - 3.
SERVED BY AFFIX.(N) for Opponent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 01/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Heard
learned advocate Mr.Macwan for the applicant and learned
A.G.P.Mr.Mengdey for the opponents.
2. Learned
advocate Mr.Macwan says that now the decision is taken by the
opponent-authority, but, it is taken beyond the time limit fixed by
this Court. The decision is taken against the applicant and the
applicant would again be required to challenge that decision. The
applicant is, thus, required to litigate unnecessarily for justice.
3. We
have examined the affidavit-in-reply filed by Deputy Director,
Technical Education. There is compliance of the order, but late.
Non-compliance of the order within the time limit is sought to be
explained by stating that the question of challenging the order of
the learned Single Judge was under consideration, as is reflected in
the communication dated 23.12.2009.
4. The
affidavit-in-reply, however, only states that there was no willful
disobedience of the order and an unconditional apology is tendered.
5. The
Government machinery, impersonal as it is, sometimes moves slowly and
sluggishly. Now, as the decision is taken, though late, we do not
propose to initiate any action against the opponents, by accepting
their unconditional apology. The application would, thus, stand
disposed of while discharging notice, with no order as to costs.
[A.L.Dave,J.]
[Bankim
N.Mehta,J.]
(patel)
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