Vimlaben Becharbhai Paneliya vs K A Patel Or His Successor In Office
2021 Latest Caselaw 4456 Guj

                C/MCA/167/2021                                ORDER



                IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
                    R/MISC.CIVILAPPLICATIONNO. 167 of 2021
                       In R/FIRSTAPPEALNO. 3883of 2018
==========================================================
                         VIMLABENBECHARBHAIPANELIYA
                                    Versus
                      K A PATELORHIS SUCCESSORIN OFFICE
==========================================================
Appearance:
MRKUNANB NAIK(3210)for the Applicant(s)No. 1,2,3,4,5,6,7,8
DS AFF.NOTFILED(N)(11)for the Opponent(s)No. 1,2,3
==========================================================
 CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
        and
        HONOURABLE MS. JUSTICE GITA GOPI
                         Date: 19/03/2021
                          ORALORDER

(PER: HONOURABLEMS. JUSTICESONIAGOKANI)

1. Today, the cheques have been deposited and it

is confirmed by the learned advocate, Mr.Kunan

Naik.

2. Issue Notice, returnable forthwith. Learned

AGP Ms.Maithili Mehta appears and waives service

on behalf of the respondents.

3. By this application, the applicants have

sought initiation of civil contempt under the

Contempt of Courts Act for alleged willful and

deliberate non­compliance of the judgment of this

Court passed in the captioned First Appeal.

C/MCA/167/2021 ORDER

4. The applicants have also sought the amount of

compensation payable to them, to be deposited

with the Reference Court.

5. We are given to understand that the amount of

compensation is already deposited with the

Reference Court by the State. Though the contempt

application is pending, disbursement of

compensation shall take place as directed by the

Court.

6. We have heard Mr.Naik, learned advocate for

the applicants and learned AGP for the

respondents.

7. The present application deserves to be

disposed of in wake of the deposit of

compensation, which is the total and complete

amount of compensation payable to the applicants,

subject to identification and due verification,

as required under the law, the amount shall be

disbursed. The applicants shall furnish details

of the bank account with the Reference Court

C/MCA/167/2021 ORDER

freshly also. The amount shall be disbursed by

way of RTGS in the respective account of the

applicants. Let the process of identification as

well as verification be completed forthwith. The

amount of interest, which may have accrued in the

interregnum, shall also be disbursed in the

favour of the applicants. The entire process to

be completed within a period of Two Weeks from

the date of receipt of the copy of this order. In

case of any difficulties, the parties can

approach this Court.

8. After once the disbursement is made, the

Principal Senior Civil Judge, Amreli shall report

to the Registrar (Judicial) of this Court.

9. The application stands disposed of

accordingly. Direct service is permitted.

(SONIAGOKANI, J.)

(GITAGOPI,J.) M.M.MIRZA