Gujarat High Court
Ajay N Choksi vs Union Of India & 2 on 20 August, 2014
Bench: Vijay Manohar Sahai, R.P.Dholaria
C/LPA/795/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 795 of 2013
In SPECIAL CIVIL APPLICATION NO. 2847 of 2012
With
CIVIL APPLICATION NO. 6115 of 2013
In
LETTERS PATENT APPEAL NO. 795 of 2013
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AJAY N CHOKSI....Appellant(s)
Versus
UNION OF INDIA & 2....Respondent(s)
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Appearance:
MR MIHIR JOSHI, SENIOR ADVOCATE WITH MS AMRITA M THAKORE,
ADVOCATE for the Appellant(s) No. 1
MR VISHAL PATEL, AGP for the Respondent(s) No. 2 3
MR SHAKEEL A QURESHI, ADVOCATE for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2 3
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CORAM: HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI
and
HONOURABLE MR.JUSTICE R.P.DHOLARIA
Date : 20/08/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI)
1. We have heard Mr. Mihir Joshi, learned Senior Counsel assisted by Ms. Amrita M. Thakore, learned counsel for the appellant and Mr. Shakeel Qureshi, learned counsel for respondent No.1 and Mr. Vishal Patel, learned Assistant Government Pleader for respondent No.2.
2. This Letters Patent Appeal is filed challenging the order dated 18.04.2013 passed by learned Single Judge in Special Civil Application No.2847 of 2012, wherein the learned Single Judge, while issuing rule in the writ petition, had vacated the interim relief.
Page 1 of 3 C/LPA/795/2013 ORDER3. In the appeal, the Division Bench of this Court, vide order dated 12.07.2013, admitted the appeal and on the same day the Court had granted adinterim relief in terms of para 3(A)(i) and (ii) subject to the condition that the applicant shall furnish Bank Guarantee in favour of Controller of Defence Accounts (AF), New Delhi, within three weeks. The said order reads thus:
"RULE. NOTICE as to interim relief returnable on 29.07.2013. Ad interim relief in terms of para 3(A)(i) and (ii) subject to the condition that the applicant shall furnish Bank Guarantee in favour of Controller of Defence Acounts (AF), New Delhi, within three weeks from today. Direct service is permitted. It will be open for the learned senior advocate for the applicant to effect service by Registered Post Acknowledgment Due in addition to regular mode of service."
4. Though the appeal has been admitted, with the consent of learned counsel for the parties, we have taken up the appeal for final disposal today itself. The learned counsel for the parties agreed that the appeal may be disposed of with a request to the learned Single Judge to decide the writ petition expeditiously and the interim relief granted by the Division Bench may be continued till then. The appellant is ready to renew the Bank Guarantee that has been furnished if it has not been renewed.
5. This appeal is disposed of with a direction that the interim relief granted on 12.07.2013 as mentioned above shall continue to remain in operation till the disposal of the writ petition. We also request the learned Single Judge to decide the writ petition expeditiously subject to his Lordship's convenience. The Bank Guarantee shall be renewed from Page 2 of 3 C/LPA/795/2013 ORDER time to time during the pendency of the writ petition. In case the appellant wants to deposit the entire amount in lieu of Bank Guarantee, he may do so by depositing the entire amount in the name of Registrar General of this Court.
6. In view of disposal of the main appeal, the Civil Application does not survive and the same is, accordingly, disposed of.
(V.M.SAHAI, J.) (R.P.DHOLARIA,J.) Jani Page 3 of 3