Gujarat State Road Transport ... vs Legal Heirs Of Decd Bhalabhai Adarbhai
2025 Latest Caselaw 5049 Guj

Gujarat High Court

Gujarat State Road Transport ... vs Legal Heirs Of Decd Bhalabhai Adarbhai on 23 June, 2025

                                                                                                              NEUTRAL CITATION




                             C/MCA/648/2025                                    ORDER DATED: 23/06/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 648 of 2025

                                              In R/FIRST APPEAL NO. 3292 of 2023

                                                           With
                                         R/MISC. CIVIL APPLICATION NO. 663 of 2025
                                                             In
                                              R/FIRST APPEAL NO. 3293 of 2023
                                                           With
                                         R/MISC. CIVIL APPLICATION NO. 694 of 2025
                                                             In
                                              R/FIRST APPEAL NO. 3289 of 2023
                                                           With
                                         R/MISC. CIVIL APPLICATION NO. 704 of 2025
                                                             In
                                              R/FIRST APPEAL NO. 3297 of 2023
                                                           With
                                         R/MISC. CIVIL APPLICATION NO. 705 of 2025
                                                             In
                                              R/FIRST APPEAL NO. 3288 of 2023
                                                           With
                                         R/MISC. CIVIL APPLICATION NO. 707 of 2025
                                                             In
                                              R/FIRST APPEAL NO. 3296 of 2023
                      ==========================================================
                                   GUJARAT STATE ROAD TRANSPORT CORPORATION
                                                      Versus
                                  LEGAL HEIRS OF DECD BHALABHAI ADARBHAI & ORS.
                      ==========================================================
                      Appearance:
                      MR HS MUNSHAW(495) for the Applicant(s) No. 1
                      MR CHINTAN DAVE, ASST. GOVERNMENT PLEADER for the Opponent(s)
                      No. 7
                      ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                           Date : 23/06/2025

                                                            ORAL ORDER

NEUTRAL CITATION

C/MCA/648/2025 ORDER DATED: 23/06/2025

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Learned advocate Mr. Munshaw for the applicant submits that due to inadvertent error of the concerned officer in charge, the order in CAs has been obtained on 28.8.2023, which are filed for stay of the impugned judgment and award passed by the learned Tribunal. However, the amount which was directed by this Court to deposit in a CAs was already deposited in 1993 during first round of litigation. He therefore, submits that the question does not arise to pass any order in CAs. But, erroneously, CAs are filed and placed before this Court on mis-information received from the officer in charge. He therefore, prays to recall order dated 28.8.2023 passed in CAs and further requests to dispose of the CAs as infructuous.

I am convinced by the submission made by learned advocate Mr. Munshaw.

Under the circumstances, present MCAs are allowed and order dated 28.8.2023 passed by this Court in CAs for stay are hereby recalled. Now, the CAs for stay stand disposed of as infructuous, as the amount has already been deposited and the same has already been withdrawn.

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