Learned counsel, Mr.Joshi appearing for the respondent no.2 requests for time stating that the report made by DILR, which submitted to the Court in a sealed cover, may be opened and the copy thereof may be directed to be supplied so that he can take appropriate steps including lodging any objection that it was not in the presence of his client or after any consultation, it was made.
Learned counsel, Ms.Amee Yajnik has also requested that the application made by the party-in-person is not according to the Company Court Rules and in fact, as per the order passed earlier, it should have been a separate application. However, without going into the technicality, she has submitted that the application, which is made by the party-in-person dated 30.01.2012, requires to be dealt with by filing a detailed reply and, therefore, some time may be granted to point out with regard to his locus standi, power of attorney, which is stated to be forged and the complete details would be submitted.
Mr.Navin Thakkar, who appears as party-in-person and the Power of Attorney Holder of Mulubha F Jadeja has stated that the Power of Attorney is not necessary at all.
In view of the above submissions, the report of the DILR, which is submitted in a sealed cover, is opened today in the presence of learned counsel for the parties and the party-in-person, which is taken on record. On perusal of the said report, which is opened today, it transpires that there is no report but only a map with note and forwarding letter is there, which is dated 23.11.2011. This Court (Coram : K.M. Thakar, J.) by order dated 08.09.2011 specifically given direction, which reads as under :-
"(2) The DILR shall appoint an officer to attend the Court after taking measurement of the properties in question, particularly survey Nos.195/1, 195/2 and 199/1 and file report on record of the present application giving details of the description and the surrounding of the said properties, the measurement of the said properties and also the details of the entries in the relevant revenue record for last 10 years.
(3) The Talati-cum-Mantri shall also place on record of present application, the extract/copies of relevant revenue record including Form No.6 and Form No.7/12 showing the relevant entries."
Inspite of the above directions, there is no report as directed by this Court in the above order. Therefore, the learned AGP Mr.Banaji, who is present in the Court, is directed to keep DILR or the Superintendent of DILR present in the Court on 1st May, 2012 with his explanation for not complying with the order by making specific report, failing which, further action shall be taken. For which, copy of order be made available to learned AGP so as to take necessary steps. If there is any lapse, it would be viewed seriously that inspite of specific direction, he has not even bothered to submit report. Both counsel have also stated that there is deliberate purpose for not clarifying the report.
Stand over to 1 st May, 2012.
(RAJESH H.SHUKLA, J.) /patil