GOVINDRAM H. JOSHI Vs. ANILBHAI C. GANDHI

JUDGEMENT

(1.) By way of this contempt petition, it has been alleged that there is a willful defiance of the order dtd. 8/11/2022 passed in Letters Patent Appeal No. 1391 of 2015.

(2.) Pursuant to the notice having been passed by this Court vide order dtd. 23/3/2023, learned advocate Ms. Mamta Vyas has filed her appearance on behalf of the opponents No. 1 and 2 and has tendered the affidavit in reply. From affidavit in reply, it has been pointed out by Ms. Vyas, that the amount payable under the order of this court is ascertained, which comes to Rs.7,97,724.00 as reflected on page 8, however has submitted opponents' school is Grant-in-Aid school and as such this amount is otherwise eligible to be recovered by the school from the Government and for that purpose proposal is already moved before the District Authority on 16/11/2022.

(3.) However, looking to the directions, which are issued and the order passed by the learned single judge, the primary responsibility is to make the payment to present petitioner by the school authority and as such Ms. Vyas, learned advocate, has, on instructions of Mr. Anilbhai C. Gandhi, President of Nutan Kelvani Trust, who is personally present before this Court, has categorical made a statement that the Cheque to the aforesaid amount is being paid and handed over today itself to the learned advocate Mr. Ramnandan Singh representing the petitioner. The followings are the details of cheque, which has been issued in favour of the petitioner, by the opponent school authority.