Gujarat High Court
Ismailbhai Adambhai Ghoghari vs The Secretary on 24 November, 2021
Bench: A.J.Desai
C/MCA/1039/2019 ORDER DATED: 24/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 1039 of 2019
In
R/SPECIAL CIVIL APPLICATION NO. 11855 of 2018
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ISMAILBHAI ADAMBHAI GHOGHARI
Versus
THE SECRETARY
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Appearance:
for the Applicant(s) No. 10,12,13,14,15,16,3,4,6,7,8,9
DECEASED LITIGANT(100) for the Applicant(s) No. 11,5
MR DIPAK R DAVE(1232) for the Applicant(s) No. 1,11.1,2,5.1
MS ASMITA PATEL, AGP for the Opponent(s) No. 1
MR DG CHAUHAN(218) for the Opponent(s) No. 2,3,4
RONAK D CHAUHAN(7709) for the Opponent(s) No. 2,3,4
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 24/11/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
1. By way of present application under section 12 of the
Contempt of Courts Act, 1971 the applicants- original
petitioners have approached this Court to take action against
the respondents for non-compliance of judgment and order
dated 12.04.2019 passed by the learned Single Judge in Special
Civil Application No.11855 of 2018, which was confirmed by
the Division Bench vide order dated 27.08.2021 in Letters
Patent Appeal No.1602 of 2019.
2. On 22.11.2021, this Court has passed the following order:
C/MCA/1039/2019 ORDER DATED: 24/11/2021
"1. On 26.10.2021, this Court has passed the following
order:
"Mr. D. G. Chauhan, learned advocate for Opponent
nos.2 to 4 states that amount shall be paid before the
next date of hearing.
Stand over to 22.11.2021."
S.O. to 24.11.2021. Respondent Nos.2 to 4 are hereby
directed to remain personally present before this Court on
24/11/2021 at 11:00 a.m."
3. In response to the order passed by this Court on 22.11.2021,
respondent nos.2 to 4 have remained present before the Court
and affidavit sworn on 24.11.2021 is placed on record.
4. Mr. D. G. Chauhan, learned Advocate appearing for
respondent Nos.2 to 4 states that the Respondent authority
has decided to challenge both orders i.e. order dated
12.04.2019 passed in Special Civil Application as well as order
dated 27.08.2021 passed in Letters Patent Appeal before the
Hon'ble Apex Court. He therefore requested for time.
5. Mr. Dipak Dave, learned advocate appearing for the
applicants opposes such request for adjournment and would
submit that it is a question of payment of leave encashment
and therefore, the Respondent authority may be directed to
pay the amount subject to filing of Special Leave Petition
before the Hon'ble Apex Court by any of the Respondents.
6. We have heard learned advocates appearing for the respective
parties. Perused the affidavit filed on behalf of respondent
C/MCA/1039/2019 ORDER DATED: 24/11/2021
nos.2 to 4. We are not inclined to accept the request for
adjournment made by Mr.Chauhan, learned advocate for the
respondents. However, the following order is passed:
7. The Respondents are hereby directed to comply with the
order and deposit the amount of leave encashment with the
Registry of this Court within a period of six weeks hereinafter.
The amount that may be deposited by the respondents shall
be paid to the applicants in absence of any stay order granted
by the Hon'ble Apex Court in Special Leave Petition that may
be filed by the Respondents herein within a period of eight
weeks from today.
8. In view of the aforesaid direction, present Misc. Civil
Application stands disposed of. Notice is discharged. The
contention regarding lack of funds that may be raised by any
of the respondents will not be accepted and such contention
will be dealt with very strictly in future. The Highest
Authority of the Board shall take decision in due consultation
with the State Government.
(A.J.DESAI, J)
(SAMIR J. DAVE,J)
MEHUL B. TUVAR
