Published On : Thu, May 29th, 2025
By Nagpur Today Nagpur News

HC Grants Relief, Warns of Seizure if Appeal Not Filed

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Nagpur: The Nagpur Bench of the Bombay High Court has granted interim relief to Harish Vasvani, operator of Shankar Bhojanalay on Maharajbagh Road, while also issuing a stern warning. The court directed that unless a statutory appeal is filed within 10 days, the authorities are free to proceed with the seizure of items available at the eatery, as per the Tehsildar’s notice dated May 13, 2025.

Vasvani had approached the High Court challenging the Tehsildar’s notice. During the hearing, several disputed issues came to light. The petitioner also sought quashing of an ex-parte order dated February 27, 2023, issued under the Payment of Gratuity Act, 1972 by the Controlling Authority.

Background and Claims

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According to Vasvani, Naresh Khushlani managed Shankar Bhojanalay until 2024. Recently, ownership was transferred to Mayur Harish Vasvani. He claimed no prior knowledge of the 2023 gratuity order passed against the establishment.

During the hearing, the Assistant Government Pleader representing the Tehsildar and Revenue Circle Officer of Sitabuldi objected to the petition, stating that the petitioner has an alternate and effective remedy under Rule 18 of the Payment of Gratuity Act.

Court’s Observation and Directions

Acknowledging the existence of an alternate legal remedy, Vasvani’s counsel informed the court of his willingness to approach the appellate authority. However, he raised concerns that the Tehsildar’s notice could lead to the seizure of items in the Bhojanalay, which would adversely impact his business.

Taking this concern into account, the High Court granted Vasvani 10 days from the date of the order to file a statutory appeal. The court also stayed the effect of the Tehsildar’s May 13 notice and restrained any action regarding the operation and seizure of the Bhojanalay’s assets until the appeal is filed.

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