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Mustan vs State

High Court Of Gujarat|06 January, 2012

JUDGMENT / ORDER

1. Heard Mr. Vakharia, learned advocate for the petitioner and Ms. E. Shailaja, learned advocate for the respondent No.3 P.F. Authority.
2. On 1.12.2001 this Court (Coram:- Hon'ble Mr. Justice Ravi R. Tripathi) has passed order wherein the petition has been admitted and ad-interim relief in terms of paragraph No.8(D) is also granted. Subsequently the respondent Provident Fund Authority has filed reply affidavit.
3. Today, Ms. E. Shailaja, learned advocate for the respondent No.3 P.F. Authority has made submissions against the petitioner's request for confirmation of interim relief and in support of her submission she has relied on the details mentioned in the reply affidavit dated 6.1.2012. However, having regard to the contentions raised in the petition and upon considering the order made in the present petition as well as circular in question i.e. Circular No.12 (Misc.)/91-E-I/dated 28/06/1995 and other instructions issued by the department on orders passed by the concerned authorities from time to time it appears appropriate to continue ad-interim relief granted by the Court vide order dated 1.12.2011, during the pendency of present petition, more particularly because the learned advocate for the petitioner has submitted that out of the total quantified / decreed amount of about Rs.2.15 lacs about of Rs.1.68 lacs has already been deposited by the petitioner while appeal was preferred against the order of the first authority.
4. Therefore, order granting ad-interim relief passed on 1.12.2011 is confirmed and it shall continue to remain in operation until final hearing of the petition or until any other or further orders are passed.
With the aforesaid direction the Registry is directed to list the matter in the cause list for final hearing in due course as per its seniority.
(K.M.THAKER,J.) Suresh*
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Title

Mustan vs State

Court

High Court Of Gujarat

JudgmentDate
06 January, 2012