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
(Per
: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN)
The
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
respondent No.4.
2.
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.
3. There
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.
4.
With the aforesaid direction, the Appeal stands disposed of.
Consequently, Civil Application also stands disposed of.
(K.S.
Radhakrishnan, C.J.)
(M.S.
Shah, J.)
*/Mohandas
Top
