Draft amendment is granted. The same shall be carried out forthwith.
Learned counsel appearing for the petitioners has placed on record the order dated 14.03.2006 passed in group of matters being Special Civil Application No. 20672 of 2005 and other allied matters, wherein, the identical challenge, which is made in this petition was involved, that is referred to Division Bench. Learned advocate for the petitioners has also produced on record the order passed by the Apex Court in petition for Special Leave to Appeal (Civil) No.15112 of 2006, wherein, the Apex Court vide its order dated 18.9.2006 has stayed the demand of recovery, which was arisen out of the circular dated 17.09.2004. He has also placed on record the order passed by this Court in Special Civil Application No. 12446 of 2008 and other allied matters, wherein, the Court has stayed the recovery of the supplementary bill. Though the petitioners are to pay the bills as if the circular is not stayed, the aforesaid orders are taken no record. Let there be a notice returnable on 06.02.2012. In the meantime and till the returnable date, by way of ad-interim relief, the recovery qua supplementary bill is stayed. Direct service for respondent no. 1 is granted.
Registry is directed to keep copy of this order in each matter.
(S.R.BRAHMBHATT, J.) pallav Top