Gujarat High Court Weekly Round-Up February 12 To February 18, 2024

Pradipbhai Ramanlal Modiya Through Ashwaryaben Harsh Modiya Versus State Of Gujarat 2024 LiveLaw (Guj) 9

Amit Dineshchandra Patel vs. Reserve Bank of India 2024 LiveLaw (Guj) 10

2024 LiveLaw (Guj) 11

Radhika Shankarbhai Pawar Versus Gujarat Public Service Commission (Gpsc) Through Secretary 2024 LiveLaw (Guj) 12

Poll Cont Associates vs Narmada Clean Tech Ltd. 2024 LiveLaw (Guj) 13

Judgements/Orders This Week

Bilkis Bano Case: Days After Surrender On Supreme Court Orders, Convict Granted 5-Day Parole Following Father-In-Law's Death

Case Title: Pradipbhai Ramanlal Modiya Through Ashwaryaben Harsh Modiya Versus State Of Gujarat

LL Citation: 2024 LiveLaw (Guj) 9

Just over two weeks after 11 convicts in the Bilkis Bano gangrape case surrendered at the Godhra sub-jail on January 21 as mandated by the Supreme Court, one of them, Pradip Modhiya, received a five-day parole from the Gujarat High Court following the death of his father-in-law.

Modiya had approached the High Court seeking parole for 30 days.

The prosecution submitted that when Modiya was released on parole, he reported in time before the concerned jail authority, and his jail conduct was also reported to be good.

Lender Banks Must Furnish Copy Of Audit Reports Before Classifying Loan Account As Fraud: Gujarat High Court

Case Title: Amit Dineshchandra Patel vs. Reserve Bank of India

LL Citation: 2024 LiveLaw (Guj) 10

Recently, the Gujarat High Court bench of Justice Sangeeta K. Vishen observed that the Lender Banks must provide a reasonable opportunity to the Borrower by furnishing a copy of Audit Reports and allowing him to submit a representation before classifying the account as fraud.

In conclusion, the Court ruled that presently the Respondent violated the principles of natural justice. Thus, it quashed and set aside the Respondent's decision declaring the account of the company as fraud. It remitted the matter and directed the Respondent to furnish the relevant copies of the forensic audit report and supplementary audit report giving reasonable opportunity to submit the representation.

BREAKING | PM Modi Degree Defamation Case : Gujarat HC Dismisses Arvind Kejriwal & Sanjay Singh's Pleas Challenging Summons

LL Citation: 2024 LiveLaw (Guj) 11

The Gujarat High Court today DISMISSED pleas filed by Delhi Chief Minister Arvind Kejriwal and his party's Rajyasabha MP Sanjay Singh challenging a Sessions Court order affirming summons issued against them by a Magistrate Court in a defamation case filed by Gujarat University concerning Prime Minister Narendra Modi's education Degree.

A bench of Justice Hasmukh D. Suthar had reserved its orders in the pleas after hearing both sides on February 2.

High Court Directs Gujarat PSC To Separately Hold Interview For New Mother Who Initially Couldn't Appear For Interview

Case Title: Radhika Shankarbhai Pawar Versus Gujarat Public Service Commission (Gpsc) Through Secretary

LL Citation: 2024 LiveLaw (Guj) 12

The Gujarat High Court has issued a directive to the Gujarat Public Service Commission (GPSC) instructing them to conduct a separate interview for a woman who recently gave birth, days before her initially scheduled interview. The court has mandated that this interview must be arranged within fifteen days, and the results for one position are to be held until this interview takes place.

In the ruling, Justice Nikhil S Kariel emphasized, “In the considered opinion of this Court, without delving further into the facts, the grievance of the petitioner could be assuaged at this stage by directing the respondent- Public Service Commission to follow their own policy inasmuch as when the Chairman of the Public Service Commission being empowered to consider the case of female applicants, who had either delivered a child or who were pregnant and whose due dates were near about the dates of the interview then, the present would be a fit case, inasmuch, as the petitioner having delivered a child on 31.12.2023 it would have been next to impossible for the petitioner to have attended the interview on 01.01.2024 and 02.01.2024.”

Issuance Of 'No Claim Certificate' Does Not Prima-Facie Make Dispute Non-Arbitrable, Gujarat High Court Allows S. 11 Application

Case Title: Poll Cont Associates vs Narmada Clean Tech Ltd.

LL Citation: 2024 LiveLaw (Guj) 13

The High Court of Gujarat single bench of Chief Justice Sunita Agarwalallowed a Section 11 application of the Arbitration and Conciliation Act seeking the appointment of an Arbitrator. It refuted the contention of the Respondent that the dispute had become non-arbitrable because the Petitioner had issued a 'No Claim Certificate' earlier, making the dispute 'stale' in nature.

The bench reiterated that it could only carry on a prima-facie assessment as a general rule of law and the decision on arbitrability lies primarily within the Arbitrator's ambit.

Other Developments

Gujarat HC Directs Advocates/Litigants To Mention Details Of Previous Bail Pleas & Orders In All Bail Applications As Per SC's Directive

In view of the recent directive issued by the Supreme Court in the case of Kusha Duruka v/s. The State of Odisha 2024 LiveLaw (SC) 47, the Chief Justice of the Gujarat High Court Justice Sunita Agarwal has directed all the Advocate(s)/Party-in-Person(s)/Litigant(s) to mandatorily mention the following particulars in the application(s) filed for grant of bail including the application for suspension of sentence:

(1) Details and copies of order(s) passed in the earlier bail application(s) filed by the petitioner which have been already decided.

(2) Details of any bail application(s) filed by the petitioner, which is pending either in any court, below the court in question or the higher court, and if none is pending, a clear statement to that effect has to be made.

(3) Details shall be mentioned on the top of the bail application or any other place which is clearly visible, that the application for bail is either first, second or third and so on.

Bilkis Bano Case: Another Convict Moves Gujarat High Court Seeking Parole, Cites Niece's Wedding

Ramesh Chandana, one of the convicts in the infamous Bilkis Bano gangrape case, has filed a plea in the Gujarat High Court seeking parole to attend his niece's wedding.

This appeal follows the recent grant of parole to another convict, Pradip Modhiya, by the High Court on February 5. He was granted parole on account of his father-in-law's demise.

Chandana's lawyer, Khushbu Vyas, informed the court of Justice Divyesh Joshi that the wedding festivities are scheduled to commence from March 5.

Gujarat High Court Modifies Methodology For Next Listing Date In Pending Cases

The Gujarat High Court has issued a circular, effective from 1st September, 2023, modifying the methodology for ensuring the next listing date in all pending cases.

This circular comes as a continuation of earlier notifications under Judicial Department No.RJ/17/2023 and IT Cell No.ITC/171/2023.