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2024 Supreme(Guj) 640

BIREN VAISHNAV, PRANAV TRIVEDI
Vice Chairman And Chief Executive Officer, Gujarat Maritime Board – Appellant
Versus
Captain (Retired) Sudhir Mohanlal Chadha – Respondent


Advocates Appeared:
For the Appellants : Ms. Sejal K. Mandavia.
For the Respondent: Ms. Harshal N. Pandya.

Table of Content
1. factual background of employee's service and recovery matter. (Para 2 , 3)
2. parties' arguments regarding recovery. (Para 4 , 5)
3. court's analysis on recovery law and its implications. (Para 6 , 9 , 10)
4. conclusion upholding the learned single judge's order. (Para 8)

ORDER :

(Biren Vaishnav, J.)

ORDER IN CIVIL APPLICATION FOR DELAY

Heard Ms. Sejal Mandavia, learned advocate for the applicant. Ms. Harshal Pandya, learned advocate appears on behalf of the respondent on advance copy.

Having heard learned advocates for the parties and in view of the averments made in the application, delay caused in filing the appeal is condoned. Application is allowed accordingly.

ORDER IN LETTERS PATENT APPEAL

1. Heard Ms. Sejal Mandavia, learned advocate for the appellant and Ms. Harshal Pandya, learned advocate for the respondent on advance copy. With the permission of learned advocates for the parties, the main appeal is taken up for hearing.

2. This appeal under Clause 15 of the Letters Patent arises out of the order dated 09.11.2023 passed by the learned Single Judge in Special Civil Application No. 14714 of 2020.

3. Briefly stated, the facts before us, indicate that the respondent h

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