Gujarat High Court
Ambalal Bheraji Chaudhary vs Tahilram Parimal Awtani on 8 August, 2018
Author: R.Subhash Reddy
Bench: R.Subhash Reddy, Vipul M. Pancholi
C/MCA/598/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 598 of 2018
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AMBALAL BHERAJI CHAUDHARY
Versus
TAHILRAM PARIMAL AWTANI
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Appearance:
MR.PRASHANT B SHARMA(7028) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 2
MR DG SHUKLA(1998) for the RESPONDENT(s) No. 1
MR HARSHEEL D SHUKLA(6158) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 08/08/2018
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY) We have perused the office note put up by the Registry dated 7th August, 2018. It is clear from the note that the respondent no.1 has already deposited an amount of Rs.80,030/- as observed in the order dated 6th August, 2018.
Learned counsel Shri D.G. Shukla, appearing for the respondent no.1 stated that aggrieved by the order dated 2nd February, 2018 passed in C.A. (For Direction) No.15142 of 2017, Letters Patent Appeal No.23414 of 2018 with civil application Page 1 of 2 C/MCA/598/2018 ORDER for condonation of delay is filed, which is pending consideration.
In view of the pendency of the said appeal filed by the respondent no.1 and further in view of the note put up by the Registry dated 7th August, 2018, we permit the applicant to withdraw the amount of Rs.80,030/-, which is deposited by the respondents.
Whether the applicant is entitled to all the benefits under section 17B of the Industrial Disputes Act, 1947 from the date of award or not, is to be examined in the Letters Patent Appeal, which is stated to be pending consideration.
In that view of the matter, this matter be placed on 28th September, 2018.
(R.SUBHASH REDDY, CJ) (VIPUL M. PANCHOLI, J) A.M. PIRZADA Page 2 of 2