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CA/165/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 165 of 2011
In
SPECIAL
CIVIL APPLICATION No. 16740 of 2010
=================================================
ZONAL
MANAGER - BANK OF INDIA - Petitioner
Versus
ASHOK
M PANDYA & 1 - Respondents
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Appearance :
NANAVATI
ASSOCIATES for Petitioner:
None for Respondents : 1 -
2.
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 11/01/2011
ORAL
ORDER
Heard
learned advocate Mr. Gandhi for M/s Nanavati Associates. This civil
application is filed for seeking interim relief against the notice
dated 4/1/2011, as the subject matter of gratuity was under
challenge in Special Civil Application No. 16740 of 2010, wherein
this Court (Coram: K.A. Puj, J) has passed following order.
NOTICE
as well as Notice as to interim relief returnable on 17th
January 2011. Direct service is permitted.
Shri
Gandhi submitted that the applicant is ready & willing to
deposit the entire gratuity amount before this Court so as to show
its bonafide. When such a willingness is shown, this Court is of the
view that further proceedings pursuant to the notice is required to
be stayed, especially when this Court had issued notice as well as
notice as to interim relief on 29/12/2010.
The
precipitating action therefore would not help to meet the end of
justice. Notice dated 4/1/2011 is hereby stayed on a condition that
the applicant shall deposit an amount of Rs.2,50,000/- (Rs. Two
lakhs fifty thousand only) before the Registry of this Court on / or
before 13/1/2011. This application may come up for hearing along
with main matter, which is slated to be heard o 17/1/2011. Direct
service permitted today.
[
S.R. BRAHMBHATT, J ]
/vgn
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