Gujarat High Court Case Information System Print LPA/666/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 666 of 2008 In SPECIAL CIVIL APPLICATION No. 6149 of 2008 With CIVIL APPLICATION No. 7675 of 2008 In LETTERS PATENT APPEAL No. 666 of 2008 ====================================== KHEMABHAI MOHANBHAI PATEL & 2 - Appellant(s) Versus DIRECTOR, AGRICULTURAL MARKETING & RURAL FINANCE & 3 - Respondent(s) ====================================== Appearance : MR PRAKASH K JANI for Appellant(s) : 1 - 3. MR. K.T. DAVE, ASSTT.GOVERNMENT PLEADER for Respondent(s) : 1, NOTICE SERVED for Respondent(s) : 2 - 3. MR DILIP B RANA for Respondent(s) : 4, ====================================== CORAM : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN and HONOURABLE MR. JUSTICE MOHIT S. SHAH Date : 10/09/2008 ORAL ORDER
: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN)
case of the appellants is that respondent No.4 undertook foreign
travel at the substantial expenses of the Agricultural Produce Market
Committee, Patan, without any proper approval, but respondents Nos. 1
to 3 are not taking any steps for recovery of the amount from
Counsel for respondent No.4 states that respondent No.4 is prepared
to deposit 50% of the amount spent towards foreign travel, so as to
give quiets to the entire dispute. On going through the averments
made by both the parties, we also feel the Market Committee was in no
way benefited by the foreign travel of 4th respondent.
is no dispute about the fact that Rs. 5.25 lakhs was spent towards
the foreign tour by respondent No.4. Considering the facts and
circumstances, we are inclined to give direction to respondent No.4
to deposit Rs. 2,72,500/- to settle the issue once for all. If any
amount has already been deposited by respondent No.4, the same shall
be adjusted towards the above amount, and the remaining amount shall
be deposited in two equal instalments, within two months from today,
failing which it is open to the petitioners to move this Court again.
With the aforesaid direction, the Appeal stands disposed of.
Consequently, Civil Application also stands disposed of.