NEUTRAL CITATION
C/SCA/14169/2023 ORDER DATED: 18/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14169 of 2023
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LH OF DECD NATVARLAL MOHANBHAI SAVALIYA
Versus
PASCHIM GUJARAT VIJ COMPANY LIMITED
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Appearance:
MR KAUSAL MODI FOR MR ASHISH M DAGLI(2203) for the Petitioner(s)
No. 1,1.1,1.2,1.3,1.4,2,3
for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 18/08/2023
ORAL ORDER
1. Heard learned advocate for the petitioners - original defendants.
2. Challenge in this petition under Article 227 of the Constitution of India is to the order dated 31.03.2023 passed by the Principal Judge, Amreli in Civil Misc. Application No.3 of 2022 by which the learned Appellate Court condoned the delay caused in preferring Regular Civil Appeal against the judgment and decree dated 31.03.2023 passed by the Civil Court in Special Civil Suit No.202 of 2002 subject to depositing 50% of the decreetal amount.
3. Learned advocate for the petitioners has submitted that the Page 1 of 2 Downloaded on : Sun Sep 17 01:34:06 IST 2023 NEUTRAL CITATION C/SCA/14169/2023 ORDER DATED: 18/08/2023 undefined petitioners - defendants are ready and willing to deposit Rs.2,00,000/-, and therefore, considering the peculiar facts and circumstances of present case, the order impugned under this petition may be modified to that extent.
4. Having considered the peculiar facts and circumstances of the present case, when the petitioners-defendants shown their bonafide to deposit Rs.2 lacs without prejudice to their rights and contentions, the impugned order dated 31.03.2023 is modified to the extent that, the petitioners-defendants shall deposit lump sump amount of Rs.2 lacs within a period of 7 days from the date of receipt of this order before the Appellate Court, Amreli. The condition to deposit 50% amount with accrued interest stands deleted.
5. Accordingly, present petition is disposed of in the above terms.
(ILESH J. VORA,J) Rakesh Page 2 of 2 Downloaded on : Sun Sep 17 01:34:06 IST 2023