Gujarat High Court
Pragjibhai Popatbhai Meshiya vs State Of Gujarat on 6 December, 2023
NEUTRAL CITATION
C/FA/4016/2022 ORDER DATED: 06/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4016 of 2022
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PRAGJIBHAI POPATBHAI MESHIYA
Versus
STATE OF GUJARAT
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Appearance:
MR KRUSHNAKANT D PATEL(10632) for the Appellant(s) No. 1
MR TEJAS P SATTA(3149) for the Appellant(s) No. 1
MR ADITYA D DAVDA, AGP ADVANCE COPY SERVED TO GOVERNMENT
PLEADER/PP for the Defendant(s) No. 1
KAASH K THAKKAR(7332) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 06/12/2023
ORAL ORDER
1. It is submitted by learned Advocate for the appellant that though the appellant has placed on record the evidence on record, it is not appreciated by the learned Reference Court and as such the learned Reference Court has committed an error in passing the impugned order in reference. Learned Advocate for the appellant while referring to the observations of the learned Reference Court in the impugned order, though there is a list of documents produced by the appellant yet it is stated that the appellant has not produced any documentary evidence
2. Having heard the learned Advocate for the appellant and perusing the impugned order/s, the submissions appear to be germane. Under the circumstances, this is a fit case to remand Page 1 of 2 Downloaded on : Mon Dec 11 20:34:53 IST 2023 NEUTRAL CITATION C/FA/4016/2022 ORDER DATED: 06/12/2023 undefined the matter. Accordingly, the impugned order in the captioned appeal is quashed and set aside. The learned Reference Court is directed to hear and decide the reference afresh after considering the above list of documents and after giving opportunity of hearing to both the sides to lead the evidence. It is expected that the learned Reference Court shall decide the matter afresh without being influenced by its earlier order and shall decide the matter upon evidence placed before it preferably, within a period of one year from the date of the receipt of the writ of this order. It is also directed that the appellant claimant shall not be entitled for any interest from the date of the impugned judgment till the date of passing of this order. The parties are directed to cooperate with the reference Court for early disposal of the reference case. Necessary Court fee shall be paid before re- registration of the reference matter.
3. With the aforesaid observations and directions, present appeal stands disposed of.
(D. M. DESAI,J) RINKU MALI Page 2 of 2 Downloaded on : Mon Dec 11 20:34:53 IST 2023