CA/7287/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR DIRECTION No. 7287 of 2008 In SPECIAL CIVIL APPLICATION No. 5014 of 2008 ========================================================= SAMIR S PADHIYAR - Petitioner(s) Versus EXECUTIVE ENGINEER (CONSTRUCTION) - Respondent(s) ========================================================= Appearance : MR DG SHUKLA for Petitioner(s) : 1, MS LILU K BHAYA for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE K.M.THAKER Date : 07/07/2008 ORAL ORDER
Rule.
Ms. Bhaya appears for the opponent and waives service of notice of
rule on behalf of the opponent. Mr. Shukla and Ms. Bhaya jointly
request that the application may be heard and decided finally today
in view of the affidavit filed by the applicant in compliance of the
requirement under section 17B.
This
application is preferred by the applicant with a request for
direction to opponent to comply with the order dated 1.5.2008 and
with a grievance that the opponent is not complying with the
provisions under section 17B of the ID Act despite the directions by
the Court in special civil application No.5014 of 2008 by order dated
1.5.2008.
Ms.
Bhaya relies on the affidavit of the applicant, more particularly,
paragraph 2 thereof wherein the applicant has admitted and stated
that until 7.2.2008 he was working on contract basis as Additional
Assistant Engineer with Gujarat Water Supply & Sewerage Board.
Relying upon the said affidavit, she submits that the obligation of
the opponent to make payment under section 17B would be only for the
period after 7.2.2008 and that the opponent shall immediately start
compliance by making payment to the applicant under section 17B.
In
view of her said statement that the opponent shall immediately start
compliance with the directions of the Court in light of the affidavit
filed by the applicant, nothing further is required to be done in the
matter. Mr. Shukla, therefore, does not press this application at
this stage. In view of the said statement of Ms. Bhaya, present
application is disposed of accordingly. Rule made absolute to the
aforesaid extent.
kdc
[K.M.Thaker, J.]