(Per : HONOURABLE MR.JUSTICE A.L.DAVE) Heard learned Advocate Ms. Manisha Lavkumar for the applicant and learned Senior Advocate Mr. Dhaval Dave for the respondent appearing with learned Advocate Mr. P.A. Jadeja By these applications, the applicant seeks following reliefs:-
"(A) Be pleased to clarify and/or review that the directions issued vide order dated 19.10.2011, directing the Fee Regulatory Committee to decide the fee structure for the years in question, shall be in terms of the order passed by the Hon'ble Supreme Court in Civil Appeal No. 8543 of 2011 and other allied matters, in the interest of justice;"
It is submitted on behalf of the applicant that these applications are required to be preferred seeking a clarification/review of the order to prevent future unwarranted litigations. The clarification that is sought is to the effect that the redetermination of fee structure for the years in question is to be made keeping in view the directions issued by the Hon'ble Supreme Court in the Special Leave Petitions to the extent of increase in the cost due to the Sixth Pay Revision.
On the other hand learned Senior Advocate Mr. Dave submitted that large number of contentions have been raised by the petitioners in respect of which apex Court has not given any guidelines in the orders, and the order of this Court cannot be interpreted to restrict the determination by the Committee only to the extent where the guidelines are given by the apex Court, and thereby deny the decision by the Committee on other points raised by the petitioners.
We have considered the rival submissions. In our view, the order sought to be clarified is crystal clear and does not call for any further clarification. The petitioner's petitions have been disposed of by this Court by the order in question without any orders, except that a direction is given that entire exercise would be made by the Committee to decide the fee structure for the years in question expeditiously taking into consideration all the relevant aspects. This does not call for any further clarification and it never was meant that the Committee would decide the fee structure by taking into consideration only those aspects where the Supreme Court has issued guidelines and ignore other points that may have been raised by the petitioners. As such no review is called for. The applications stand disposed of. No costs.
(A.L.
Dave, J.) (J.B.
Pardiwala, J.) */Mohandas Top