Gujarat High Court
The State Of Gujarat vs Mahesh Javanji Thakor S/O Late Javanji ... on 12 October, 2020
Author: Vikram Nath
Bench: Vikram Nath, J.B.Pardiwala
C/LPA/744/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 744 of 2020
In F/LETTERS PATENT APPEAL NO. 18307 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/LETTERS PATENT APPEAL NO. 744 of 2020
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THE STATE OF GUJARAT
Versus
MAHESH JAVANJI THAKOR S/O LATE JAVANJI RAMSINGJI THAKOR
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Appearance:
GOVERNMENT PLEADER(1) for the Appellant(s) No. 1,2
for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH
and
HONOURABLE MR. JUSTICE J.B.PARDIWALA
Date : 12/10/2020
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH) Heard Shri Dharmesh Devnani, learned Assistant Government Pleader for the State appellants.
Learned Single Judge on the admitted facts available before the Court issued appropriate directions to the respondents (appellants before us), to deposit the entire amount within a period of 8 days as recorded in paragraph-12 of the judgment and further in paragraph-14 of the judgment, it is directed that in case the amount is not deposited within the time stipulated above, then, interest shall run at the rate of 10% per annum from the date of issuance of certificate.The amount which is to be deposited is the gratuity held to be admissible on account of the service rendered by the father of Page 1 of 2 Downloaded on : Wed Oct 14 21:21:49 IST 2020 C/LPA/744/2020 ORDER the petitioner, by the Controlling Authority dated 27.12.2018 holding that the amount of Rs.1,92,270/- was payable within 30 days thereof. When the said amount was not being paid, the writ petition was filed for appropriate directions to the Court to execute recovery certificate.
We do not find any infirmity in the order passed by the learned Single Judge inasmuch as the order of the Controlling Authority so far as it has neither been challenged before any Court nor stayed or modified or set aside by any Court. The appeal is liable to be dismissed as lacking in merit. However, we only observe that in case the appellant State deposits the amount as directed by the learned Single Judge within 30 days from today, then, the liability of interest imposed by paragraph-14 of the judgment would not be effective. However, if the deposit is not made within 30 days, paragraph- 14 of the judgment will be operative forthwith.
With the aforesaid appeal stands disposed of. Consequently, the Civil Application also stands disposed of.
(VIKRAM NATH, CJ) (J. B. PARDIWALA, J) A. B. VAGHELA/A.M.PIRZADA Page 2 of 2 Downloaded on : Wed Oct 14 21:21:49 IST 2020