Smt Heenaben Mukeshbhai Bhoi vs Smt Pritiben Umeshkumar Soni
2021 Latest Caselaw 12651 Guj

      C/SCA/12299/2021                                       ORDER DATED: 26/08/2021



                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/SPECIAL CIVIL APPLICATION NO. 12299 of 2021
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                         SMT HEENABEN MUKESHBHAI BHOI
                                     Versus
                         SMT PRITIBEN UMESHKUMAR SONI
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Appearance:
MR BM MANGUKIYA(437) for the Petitioner(s) No. 1,2,3
MS BELA A PRAJAPATI(1946) for the Petitioner(s) No. 1,2,3
for the Respondent(s) No. 1,3
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 2
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     CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                      Date : 26/08/2021
                       ORAL ORDER

1. Mr.B.M. Mangukiya, learned advocate appearing for the petitioners at the

outset submitted that while deciding the issue of validity of the whip, the learned

Designated Authority, has adopted two different yardsticks. It is submitted that the

conclusion was to the effect that unless and until there is a resolution by the party, it

cannot be said that a valid whip has been issued, as against this, in the present case,

the findings arrived at are contrary to the finding which have been arrived at while

passing the order dated 18.03.2020 passed in Dispute Application No.3 of 2020. In

support of such contention, reliance is placed on the judgment in the case of Diptiben

Vinubhai Patel v. State of Gujarat rendered in Special Civil Application No.7910 of

2020. It is submitted that it was a specific case of the petitioner that there was no

valid whip issued by the party inasmuch as, it is the party, who is authorized to issue

whip. In absence of any legal and valid whip, the observations made by the learned

Designated Authority, are erroneous and not in conformity with the provisions of the

Act and Rules.

2. Having regard to the submissions made by the learned advocate for the

petitioners, issue notice and notice as to ad-interim relief, returnable on 07.09.2021.

(SANGEETA K. VISHEN, J) RAVI P. PATEL