Gujarat High Court
Jayendragiri Amrutgiri Goswami vs M. K. Jadav on 11 January, 2021
Bench: Mr. Justice Nath, Ashutosh J. Shastri
C/MCA/128/2020 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2020
In R/MISC. CIVIL APPLICATION NO. 128 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 11119 of 2015
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JAYENDRAGIRI AMRUTGIRI GOSWAMI
Versus
M. K. JADAV
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Appearance:
MR KRISHNAN M GHAVARIYA for the PETITIONER(s) No.
MS SHRUTI PATHAK, AGP for the RESPONDENT(s) No.
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM
NATH
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 11/01/2021
IA ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)
1 We have heard Shri Krishnan Ghavariya, learned
counsel for the applicants and Ms.Shruti Pathak, learned
Assistant Government Pleader for the State respondent.
2 In the order dated 02.11.2020 it is recorded that the
entire amount would be deposited on or before
06.11.2020 and secondly the notice for recovery was
cancelled. It also refers that some review application is
likely to be filed in the Letters Patent Appeal, which was
disposed of on 03.09.2020. The Court directed that if by
06.11.2020 there is failure to deposit the amount, the
opposite respondent No.1 would remain present. On
C/MCA/128/2020 IA ORDER
06.11.2020 the order records that according to the
statement made by the learned Assistant Government
Pleader, the amount has already been disbursed in favour
of all the six applicants. Time for verification was given
and the matter was adjourned to 03.12.2020. On
03.12.2020 the matter was listed, but it was directed to
be listed before another Bench.
3 Shri Ghavariya, learned counsel for the applicants,
states that insofar as arrears is concerned the said
amount has been deposited in the accounts of the
applicants. It is further submitted that insofar as the
cancellation of recovery notices is concerned, nothing has
been communicated so far in writing to the applicants. It
is next submitted by Shri Ghavariya, that the other relief
granted regarding GPF has not been granted so far.
4 The judgment of the learned Single Judge is of
September, 2019. Cognizance in the contempt
proceedings was taken in February, 2020. However, till
date, full compliance of the judgment of the learned
Single Judge has not been made. We also find from the
order sheet that this Court had passed orders directing
the personal appearance of the opposite party upon
failure to ensure the compliance.
5 Today, Ms. Pathak, learned Assistant Government
Pleader, has prayed for some time on the ground that the
C/MCA/128/2020 IA ORDER
State is under process of filing review application in the
Letters Patent Appeal decided on 03.09.2020. This
cannot be taken as a ground not to ensure compliance of
the judgment of the learned Single Judge passed in
September, 2019 and the Letters Patent Appeal disposed
of on 03.09.2020. In the event of any modification in the
order of the Letters Patent Appeal, the compliance
effected will always be subject to change, but it cannot
give a handle to the State to not to implement the order
of the learned Single Judge as we find from the order
sheet that the conduct of the opposite party has not been
bona fide.
5 Prima facie, case for clear disobedience is made out.
Let the opposite parties or whosoever is holding the office
of the defined post as opposite party Nos.1 to 3 to remain
present through Video Conferencing on 05.02.2021 for
framing of charges. It wold however be open for the
opposite parties to ensure full compliance in the
meantime and file an affidavit of complete compliance by
the next date.
(VIKRAM NATH, CJ)
(ASHUTOSH J. SHASTRI, J)
P. SUBRAHMANYAM
