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Gujarat High Court
Pankajkumar vs Heard on 29 January, 2010
Author: S.R.Brahmbhatt,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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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
 
 
=================================================


 
	  
	 
	  
		 
			 

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, 
================================================= 

 
	  
	 
	  
		 
			 

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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