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LPA/669/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 669 of 2010
In
SPECIAL
CIVIL APPLICATION No. 23617 of 2005
=========================================
MAHENDRAKUMAR
M.TRIVEDI - Appellant(s)
Versus
V.V.P.ENGINEERING
COLLEGE
THRO'
ITS PRINCIPAL & 1 - Respondent(s)
=========================================
Appearance :
MR
VAIBHAV A VYAS for Appellant(s) : 1,
MR PANKAJ R DESAI for
Respondent(s) : 1,
MR JASWANT SHAH, ASSTT.GOVERNMENT PLEADER for
Respondent(s) : 2,
=========================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 05/08/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
son of the petitioner after completing 12th Standard
Examination in the year 2005, applied for admission to B.E
(Bio-Technology) course in the management quota in V.V Engineering
College. On 8.6.2005 he deposited a sum of Rs. 36,000/- and
subsequently he paid the rest of the amount of Rs. 1,08,000/- i.e.
total Rs. 1,44,000/-. In the declaration form jointly signed by the
petitioner (father) and the student (son), they agreed that they will
abide by the terms and conditions of the admission, wherein some
stipulation was made with regard to non-refund of the amount.
Petitioner’s son subsequently got admission in some other course in
another college and he joined there, and wanted refund of the sum of
Rs. 1,44,000/-. Having not paid the amount, the writ petition was
preferred and dismissed, giving rise to this appeal.
The
case was earlier taken up for hearing when it was agreed upon
between the parties that if the respondent college refunds a sum of
Rs. 1 lakh to the petitioner, the matter can be settled. Learned
counsel for the first respondent today handed over an account payee
cheque bearing No. 594948 dated 3.8.2010 issued by VVP Engineering
College, on Rajkot Nagrik Sahakari Bank Limited for an amount of Rs.
1 lakhs in the name of petitioner Mahendrakumar M. Trivedi for onward
transmission to the petitioner.
In
view of the aforesaid settlement reached between the parties before
the Court and handing over the cheque in presence of the Court, no
further order is required to be passed. We may only mention that the
settlement has been made by first respondent without prejudice to its
right that the petitioner would not claim any further amount, and
that no other student can cite this case as precedence. The appeal
stands disposed of. No costs.
(S.J.
Mukhopadhaya, C.J.)
(K.M.
Thaker, J.)
*/Mohandas
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