Jayantibhai Savjibhai Dhankecha ... vs Mehul Jodhpura
2023 Latest Caselaw 3105 Guj

    C/MCA/271/2023                            ORDER DATED: 20/04/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/MISC. CIVIL APPLICATION NO. 271 of 2023

          In R/SPECIAL CIVIL APPLICATION NO. 2929 of 2021

==========================================================
 JAYANTIBHAI SAVJIBHAI DHANKECHA SINCE DECD. THROUGH LHS
                           Versus
                      MEHUL JODHPURA
==========================================================
Appearance:
MR DIPAK R DAVE(1232) for the Applicant(s) No. 1,1.1
MR DEEPAK P SANCHELA(2696) for the Opponent(s) No. 1
NOTICE SERVED for the Opponent(s) No. 2,3
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
       and
       HONOURABLE MR. JUSTICE J. C. DOSHI

                          Date : 20/04/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)

By way of this contempt petition, it has been alleged that there is willful defiance of order dated 3.8.2022 passed in Special Civil Application No.2929 of 2021. The directions contained in the said order are to the effect that benefits, which are mentioned in the judgment are to be extended within a period of two months from the date of receipt of the order.

Pursuant to the notice having been issued and the previous order, which has been passed, the authority has come out with an affidavit that necessary orders have already been passed and the pension papers of the petitioner have been

C/MCA/271/2023 ORDER DATED: 20/04/2023

approved by the office of the Director of Pension and Provident Fund, Gandhinagar and to that effect, approval is accorded on 5.4.2023 as reflected in page 24 and as such, the authority is now out to implement the directions, which are already issued.

Today, on instructions, learned advocate Mr. Sanchela appearing for the respondent authority has submitted that due benefits pursuant to this approval will be extended to the petitioner within a period of one week from today and said assertion has been made on instructions of the officer, who is present in the Court and as such, keeping reliance upon this oral assertion on record, learned advocate Mr. Dipak Dave does not press this petition. However, liberty is kept open to revive the proceedings if this period of one week is not maintained.

With this observation, present petition stands disposed of. Notice discharged.

(ASHUTOSH SHASTRI, J)

(J. C. DOSHI,J) SHEKHAR P. BARVE