HARISHBHAI LAKHOITA Vs. PATEL HARIBHAI MOHANBHAI

JUDGEMENT

(1.) WE have heard Mr Viral K Shah, learned counsel for the appellant.

(2.) THE appellant, being aggrieved by the impugned order dated 24.2.2011 passed by the learned Single Judge in Special Civil Application No.15232 of 2010 preferred the present appeal.

(3.) IT is pertinent to note that by the time the aforesaid Recovery Application No.1829 of 2003 was filed or the final order therein came to be passed, the present appellant had somewhere in the interregnum period entered into the picture, inasmuch as he had purchased the property of the said undertaking M/s. B and Brothers Engineering Works and the said aspect came to the notice of the present respondent No.1 and so for the purpose of further execution of the order passed in Reference and the Recovery Application, the respondent No.1 preferred another Recovery Application No.878 of 2005 and had impleaded the present appellant to the said Recovery Application on the ground that the appellant who was impleaded as opponent No.3 in Recovery Application No.878 of 2005 was successor in interest and since he had purchased the property of the employer against which Recovery Application dues were to be executed. The said Recovery Application was contested by the present appellant by contending inter alia that he was not a party to the Reference proceedings and/or party to the Recovery Application No.1829 of 2003 and that therefore, the application and the dues which arose on account of the award are ought not to be pressed into service and executed against him.