1. Heard learned Senior Counsel Mr. K. M. Patel with learned advocate Mr.V.K. Patel for the applicant and learned advocate Mr. Mehta for respondent nos.1 and 2.
2. Learned Senior Counsel Mr. Patel has submitted that after the petition being Special Civil Application No.18264 of 2011 was heard and before the order dated 15/02/2012 passed in said petition may become available to the applicant petitioner (on the basis of which the applicant petitioner can take steps, particularly in accordance with the observations contained in para-8 of the said order), the applicant petitioner received the said order dated 16/02/2012 which appears to have been dispatched on 17/02/2012.
Learned counsel for the applicant has submitted that under the said intimation dated 16-17/02/2012, the respondent authority has started coercive action to recover the sum of R.s18,53,558/-.
Learned advocate Mr. Mehta for respondent nos.1 and 2 has submitted that the order dated 16-17/02/2012 is passed because the petitioner has not complied with the Tribunal's direction/order.
This Court, under order dated 15/02/2012 has partly allowed the petition preferred by present applicant i.e. Special Civil Application No.18264 of 2011 and set aside the order dated 29/07/2011 passed by the Tribunal and remitted the proceedings to the Tribunal for fresh decision in light of the observations in the order dated 15/02/2012.
The said order was passed after hearing the learned counsel for present respondent nos.1 and 2 and in presence of learned counsel for respondent nos.1 and 2.
The Court has been given to understand that the details of the order i.e. the factum about the order and the details of the directions were conveyed to the said respondents (since the order was passed in Court, upon conclusion of the hearing) though the details were conveyed to the concerned officers (and yet) present order i.e. order dated 16-17/02/2012 has been passed.
In view of the above, the implementation and operation of the order is stayed until further orders.
Notice to respondent nos.1 and 2 returnable on 01/03/2012. Direct service is permitted. Respondent nos.1 and 2 will inform the concerned officer to remain present in the Court on the returnable date.
(K.M.THAKER, J.) (ila) Top