Rameshchandra Jayantilal Modi vs D. P. Desai, Registrar, ...
2021 Latest Caselaw 15278 Guj

      C/MCA/495/2021                                     ORDER DATED: 28/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/MISC. CIVIL APPLICATION NO. 495 of 2021

            In R/SPECIAL CIVIL APPLICATION NO. 13004 of 2007

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                   RAMESHCHANDRA JAYANTILAL MODI
                               Versus
     D. P. DESAI, REGISTRAR, CO-OPERATIVE SOCIETIES , GUJARAT
                               STATE
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Appearance:
MR DIPEN DESAI(2481) for the Applicant(s) No. 1
NOTICE NOT RECD BACK(3) for the Opponent(s) No. 2
NOTICE SERVED(4) for the Opponent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
          and
          HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                Date : 28/09/2021

                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

1 On 24.08.2021 following order was passed by this Court:

"Issue NOTICE returnable on 28.9.2021. In the meanwhile, the respondents may either comply with order dated 23.1.2020 passed by learned Single Judge in Special Civil Application No.13004 of 2007, which has been confirmed by Division Bench in Letters Patent Appeal No.991 of 2020, or shall file an affidavit showing reasons for not obeying the order of this Court"

2 In response to the notice issued, Ms.

C/MCA/495/2021 ORDER DATED: 28/09/2021

Vrunda Shah, learned AGP, upon instructions states that the State is contemplating of filing SLP challenging the above referred order. She, therefore, prays for time.

3 Mr. Dipen Desai opposes the request made by learned AGP and submits that the learned Single Judge vide order dated 23.01.2020 passed in Special Civil Application No.13004 of 2007 quashed the impugned order of removal of the applicant and subsequent judgment and orders of the Tribunal and directed to give consequential benefits to the applicant within a period of two months. Letters Patent Appeal No.991 of 2020 filed by the State challenging the order dated 23.01.2020 passed by the learned Single Judge in Special Civil Application No.13004 of 2007 was also dismissed vide order dated 23.12.2020.

4 We have heard Mr. Dipen Desai, learned counsel for the applicant and Ms. Vrunda Shah, learned AGP for the State respondents.

5 Initially, the respondent authority was supposed to comply with the order dated 23.01.2020 passed in Special Civil Application No.13004 of 2007 within a period of 2 months and thereafter it is expected from the respondent authority to comply with the orders immediately within 2 months i.e. latest by February, 2021, upon dismissal of Letters Patent Appeal No.991 of 2020 vide order dated 23.12.2020.

C/MCA/495/2021 ORDER DATED: 28/09/2021

6 Today, learned AGP prays for time. It is an admitted position that till date the State has not filed SLP before the Hon'ble Apex Court challenging the order dated 23.12.2020 passed in Letters Patent Appeal.

7 In view of the above, we pass the following order.

8 The respondent authorities shall grant consequential retiral benefits to the applicant and pay the amount towards the retiral benefits to the applicant within a period of 6 weeks from today, as per the order of the learned Single Judge.

9 With the above direction, this application stands disposed of. Rule discharged. Liberty is granted to the applicant to file fresh proceedings in case of any difficulty.

(A.J.DESAI, J)

(NIRZAR S. DESAI,J) P. SUBRAHMANYAM