Gujarat High Court
Satishchandra Chunilal Vayda vs Director Of Municipalities on 18 November, 2025
NEUTRAL CITATION
C/SCA/11371/2013 ORDER DATED: 18/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11371 of 2013
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SATISHCHANDRA CHUNILAL VAYDA
Versus
DIRECTOR OF MUNICIPALITIES & ORS.
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Appearance:
MR PH PATHAK(665) for the Petitioner(s) No. 1
MR DEEPAK P SANCHELA(2696) for the Respondent(s) No. 3
NOTICE SERVED for the Respondent(s) No. 2
NOTICE SERVED BY DS for the Respondent(s) No. 1,4
MR. SIDDHARTH RAMI, AGP for Respondent - State
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 18/11/2025
ORAL ORDER
[1] Heard learned advocate Ms. Rina Kanani for learned advocate
Mr. P.H. Pathak for the petitioner and learned advocate Mr. Hari Patel
for learned advocate Mr. Deepak P. Sanchela for respondent No.3 as
also learned AGP Mr. Siddharth Rami for respondent - State.
[2] At the outset, learned advocate Mr. Patel appearing for
respondent No.3 would submit that during the pendency of this
matter, dues payable to petitioner as per the judgment and decree
passed by the Civil Court has been paid. He would further state that
as per the written communication dated 13.04.2023 issued by
respondent No.3 - Nagarpalika, it is very much clear that entire dues
has been paid to petitioner. He would tender the copy of aforesaid
NEUTRAL CITATION
C/SCA/11371/2013 ORDER DATED: 18/11/2025
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letter of respondent No.3 - Nagarpalika, which is taken on record.
[3] Per contra, learned advocate Ms. Rina Kanani appearing for the
petitioner would state that she is not having any information /
instructions from her client about receipt of such payment.
Nonetheless, she would state that there is no reason to disbelieve the
written communication received from the other side. However, learned
advocate Ms. Rina would request this Court that as cause of filing the
present petition may not now survive but liberty may be granted in
favour of the petitioner to file an appropriate proceedings before
appropriate forum against the respondent/s for claiming interest on
making legitimate dues of the petitioner belatedly.
[3.1] Further, learned advocate Ms. Rina Kanani requests this Court
that liberty may also be reserved in favour of the petitioner in a case
where information stated in aforesaid communication of respondent
No.3 found to be incorrect.
[4] In view of the aforesaid facts and circumstances and prima facie
it appears that entire payment has been received by petitioner from
respondent No.3 - Nagarpalika, in regards to judgment and decree
passed by the Civil Court concerned, which confirmed up to this
Court.
[5] Thus, there is nothing survived in the matter. However, liberty
is reserved in favour of the petitioner to approach appropriate
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C/SCA/11371/2013 ORDER DATED: 18/11/2025
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authority / Court to claim interest on getting such amount belatedly,
except to file any writ petition for the same relief.
[6] Likewise, in a case where information so stated in the aforesaid
communication dated 13.04.2023 of respondent No.3 is found to be
incorrect, the petitioner may revive this petition by filing an
application.
[7] With the aforesaid and reserving aforesaid liberty in favour of
the petitioner, the present petition is accordingly disposed of. Rule
stands discharged. No order as to costs.
(MAULIK J.SHELAT,J.)
Lalji Desai
