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SCA/4561/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4561 of 2009
=========================================================
SAMAT
KUMAR BISWAS S/O NARENDRA G BISWAS - Petitioner(s)
Versus
SECRETARY
MINISTRY OF SURFACE-TRANSPORT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
PH PATHAK for
Petitioner(s) : 1,
MR SIRAJ R GORI for Respondent(s) : 1,
3,
NOTICE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 27/01/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
learned counsel for the parties.
The
Central Administrative Tribunal (CAT) has non-suited the appellant on
the ground that time given by this Court for production of the
documents having expired, it would not now venture for ordering
production of documents.
We
consider that this stand is not a stand which could stand the
scrutiny of equity. This Court extends the time and directs the
respondents that within four weeks hence, they will produce the same
set of documents, which were produced before the Division Bench of
this Court on 6.10.2009, would be produced before the CAT. If those
documents are produced before the CAT, the grievance of the learned
counsel for the appellant would be fully satisfied. As submitted by
the learned counsel for the appellant, he would have no further
grievance regarding production of the documents.
With
the aforesaid observation that the documents will be produced by the
respondents before the CAT within four weeks hence, needless to say
that the appellant would not have a chance to look at those files.
The
appeal is disposed of accordingly. Notice is discharged.
(BHAGWATI
PRASAD, J.)
(BANKIM
N.MEHTA, J.)
shekhar/-
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