Gujarat High Court
Satishchandra Chunilal Vayda vs Director Of Municipalities on 18 November, 2025
NEUTRAL CITATION
C/SCA/11371/2013 ORDER DATED: 18/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11371 of 2013
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SATISHCHANDRA CHUNILAL VAYDA
Versus
DIRECTOR OF MUNICIPALITIES & ORS.
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Appearance:
MR PH PATHAK(665) for the Petitioner(s) No. 1
MR DEEPAK P SANCHELA(2696) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 1,4
MR. SIDDHARTH RAMI, AGP for Respondent - State
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 18/11/2025
ORAL ORDER
[1] Heard learned advocate Ms. Rina Kanani for learned advocate Mr. P.H. Pathak for the petitioner and learned advocate Mr. Hari Patel for learned advocate Mr. Deepak P. Sanchela for respondent No.3 as also learned AGP Mr. Siddharth Rami for respondent - State. [2] At the outset, learned advocate Mr. Patel appearing for respondent No.3 would submit that during the pendency of this matter, dues payable to petitioner as per the judgment and decree passed by the Civil Court has been paid. He would further state that as per the written communication dated 13.04.2023 issued by respondent No.3 - Nagarpalika, it is very much clear that entire dues has been paid to petitioner. He would tender the copy of aforesaid Page 1 of 3 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Tue Nov 18 2025 Downloaded on : Wed Nov 19 03:08:05 IST 2025 NEUTRAL CITATION C/SCA/11371/2013 ORDER DATED: 18/11/2025 undefined letter of respondent No.3 - Nagarpalika, which is taken on record. [3] Per contra, learned advocate Ms. Rina Kanani appearing for the petitioner would state that she is not having any information / instructions from her client about receipt of such payment. Nonetheless, she would state that there is no reason to disbelieve the written communication received from the other side. However, learned advocate Ms. Rina would request this Court that as cause of filing the present petition may not now survive but liberty may be granted in favour of the petitioner to file an appropriate proceedings before appropriate forum against the respondent/s for claiming interest on making legitimate dues of the petitioner belatedly. [3.1] Further, learned advocate Ms. Rina Kanani requests this Court that liberty may also be reserved in favour of the petitioner in a case where information stated in aforesaid communication of respondent No.3 found to be incorrect.
[4] In view of the aforesaid facts and circumstances and prima facie it appears that entire payment has been received by petitioner from respondent No.3 - Nagarpalika, in regards to judgment and decree passed by the Civil Court concerned, which confirmed up to this Court.
[5] Thus, there is nothing survived in the matter. However, liberty is reserved in favour of the petitioner to approach appropriate Page 2 of 3 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Tue Nov 18 2025 Downloaded on : Wed Nov 19 03:08:05 IST 2025 NEUTRAL CITATION C/SCA/11371/2013 ORDER DATED: 18/11/2025 undefined authority / Court to claim interest on getting such amount belatedly, except to file any writ petition for the same relief. [6] Likewise, in a case where information so stated in the aforesaid communication dated 13.04.2023 of respondent No.3 is found to be incorrect, the petitioner may revive this petition by filing an application.
[7] With the aforesaid and reserving aforesaid liberty in favour of the petitioner, the present petition is accordingly disposed of. Rule stands discharged. No order as to costs.
(MAULIK J.SHELAT,J.) Lalji Desai Page 3 of 3 Uploaded by LALJI AMRUTBHAI DESAI(HC01558) on Tue Nov 18 2025 Downloaded on : Wed Nov 19 03:08:05 IST 2025