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MCA/29/2010 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR ORDERS No. 29 of 2010
In
SPECIAL
CIVIL APPLICATION No. 2825 of 1997
For
Approval and Signature:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=================================================
PANKAJKUMAR
CHANDULAL THAKAR - Applicant
Versus
ALEMBIC
CHEMICAL WORKS & 1 - Opponents
=================================================
Appearance :
MR
MR PRAJAPATI for Applicant:
NANAVATI ASSOCIATES for Opponent :
1,
MR TR MISHRA for Opponent :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 29/01/2010
ORAL
JUDGMENT
Heard
learned advocate Shri Prajapati for the applicant. Rule. Learned
advocates for the respondents waives service of notice of rule. This
application is taken up for final disposal with the consent of
learned advocates for the parties.
This
Misc. Civil Application is taken out by the applicant workman for
releasing the amount which was originally ordered to be deposited in
this Court by order dated 14/10/1998 (Coram: H.L. Gokhale, J (as he
then was). The averments made in this application have not been
controverted by the respondents. Shri Joshi for the respondent no.1
has submitted that there is no objection if the amount mentioned in
prayer para no. 6(B) of the application is permitted to be
disbursed in absence of any evidence to prove gainful employment of
the applicant.
In
view of lack of any resistance to the prayer, the application stand
allowed in terms of para no. 6(B) of the application. Application
stands disposed of. Rule made absolute. No order as to costs.
The
payment be made by way of account payee cheque to the applicant
concerned by proper verification. It would be open to the company to
depute their representative who may also help in verifying the
applicant/claimant. The office may prepare and keep the cheque
ready to handover to the applicant in presence of company employee
as both the counsels will put up a joint note to the Registry
indicating the date for handing over of the cheque. Direct service
permitted.
[
S.R. BRAHMBHATT, J ]
/vgn
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