STATE OF GUJARAT Vs. KOTHARI & ASSOCIATES

JUDGEMENT

(1.) The respondent has filed this note for speaking to minutes in respect of judgment and order dated 6.11.2015 passed by this Court in First Appeal No.1545 of 2004. As per the learned advocate Mr.Pahwa appearing for the respondent, during the course of hearing of appeal before this Court, it is submitted that the Court would consider to issue appropriate direction for return of the documents of bank guarantee furnished by the respondent to the department or to the Court. However, in the judgment and order, the aforesaid aspect has not been recorded through oversight and therefore this Court may direct the appellant herein to return the bank guarantees to the present respondent.

(2.) Learned advocate Mr.Pahwa thereafter has produced on record the details with regard to the bank guarantees furnished by the respondent. The said details are given on 8.1.2016 with copy of the bank guarantees and the order passed by this Court. The said documents are taken on record.

(3.) Learned AGP Mr.Dave on last occasion requested for time for taking instruction. Today, he has requested that the state is desirous to prefer SLP before the Hon'ble Supreme Court against the order passed by this Court. However, till today, sanction from the legal department is not received. Though sufficient time is given, the State has not preferred appeal and therefore when the order passed by the City Civil Court in Civil Suit No.3012 of 1982 is in favour of the respondent herein and when this Court has dismissed the appeal of 2004 in November, 2015, it is proper at this stage to give direction to the appellant herein to return back the guarantees furnished by the present respondent from time to time.