Devrajbhai Merambhai Baraiya vs Deputy Executive Engineer
2023 Latest Caselaw 2179 Guj

     C/LPA/286/2023                               ORDER DATED: 09/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/LETTERS PATENT APPEAL NO. 286 of 2023
                                  In
             R/SPECIAL CIVIL APPLICATION NO. 3239 of 2023
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
                                  In
              R/LETTERS PATENT APPEAL NO. 286 of 2023
================================================================
                       DEVRAJBHAI MERAMBHAI BARAIYA
                                   Versus
                        DEPUTY EXECUTIVE ENGINEER
================================================================
Appearance:
MR KRISHNAN GAVARIYA FOR HITESH A MAKWANA(8644) for the
Appellant(s) No. 1
for the Respondent(s) No. 1
================================================================

 CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
       and
       HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                              Date : 09/03/2023

                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI)

1. This appeal under Clause 15 of the Letters Patent is filed by the appellant - original petitioner against the oral order dated 01.03.2023 rendered by the learned Single Judge in Special Civil Application No.3239 of 2023.

2. Heard Mr.Krishnan Gavariya, learned advocate assisted by Mr.Hitesh Makwana, learned advocate appearing for the appellant.

C/LPA/286/2023 ORDER DATED: 09/03/2023

3. Learned advocate for the appellant has mainly contended that the appellant has filed the present appeal for the limited purpose. Learned advocate for the appellant has referred the direction issued by the learned Single Judge in paragraph no.4 of the impugned order. Learned advocate for the appellant has contended that the appellant had filed captioned petition challenging the judgment and award passed by the Labour Court in Reference (LCR) Case No.26 of 2012. It is contended by the learned advocate for the appellant that there was a delay in filing the petition and, therefore, learned Single Judge has imposed the cost upon the advocate, who was appearing for the petitioner. Learned advocate for the appellant has urged that the direction issued by the learned Single Judge in paragraph no.4 of the impugned order be quashed and set aside and for that limited purpose, the present appeal has been filed.

4. We have considered the submissions canvassed by the learned advocate for the appellant. We have perused the materials placed on record. We are of the view that as the appellant has filed the appeal for the limited purpose challenging the direction issued by the learned Single Judge to pay the cost of Rs.15,000/- imposed upon the concerned advocate, the said direction is required to be quashed and set aside in the facts and circumstances of the present case.

C/LPA/286/2023 ORDER DATED: 09/03/2023

5. Accordingly, the present appeal is partly allowed. The direction to pay the cost of Rs.15,000/- issued by the learned Single Judge, which is deposited by the learned advocate for the appellant, is hereby quashed and set aside.

6. The connected civil application shall stand disposed of accordingly.

(VIPUL M. PANCHOLI, J)

(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL