High CourtsSingle Bench(2012) 09 GUJ CK 0026

Pragati Industries vs Daksin Gujarat VIJ Company Ltd.

Gujarat High Court · Decided on 28 September 2012

HON’BLE JUDGES
K.M. Thaker, J
CASE NUMBER
Misc. Civil Application - for Direction No. 2565 of 2012 in Special Civil Application No. 6880 of 2011

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Judgment

6 paragraphs · 222 words

Honourable Mr. Justice K.M. Thaker

1.

Heard Mr. Vyas, learned advocate for applicant-petitioner and Ms. Bhaya, learned advocate for opponent. In present application, the applicant petitioner has prayed that:

19(A) The Hon''ble Court may be pleased to direct the respondent company to offer and entitle the applicant to the benefits under ''Amnesty Scheme'' along with consequential benefits.

2.

Having regard to the facts and the scope of the petition such relief cannot be considered in civil application. It is for the applicant to make appropriate application before the respondent company if Amnesty Scheme is announced by the respondent company and is still in operation. If the authority does not entertain such application for any reason, then that would be an independent and separate cause of action for applicant against which appropriate action before the appropriate forum can be taken out.

3.

However, relief as prayed for in present application cannot be granted in a civil application, more so when main petition is pending and amnesty scheme, if any, is purely in discretion of the respondent, of course subject to its terms. Therefore, application is not considered.

4.

So far as the merits of the decision of the respondent authority on the application is concerned, obviously the same is not considered by this Court in this application. The application is, accordingly, disposed of.