C/FA/3295/2007 ORDER DATED: 08/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3295 of 2007
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BASANT RAYON PVT. LTD.
Versus
KALIKUND TEXTILES ALPESH H. PARIKH & 1 other(s)
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Appearance:
MR KG SUKHWANI(871) for the Appellant(s) No. 1
ADVOCATE NOTICE SERVED for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 08/02/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) This First Appeal arose from the judgment and order dated 5.4.2007 passed by learned City Civil Judge, Court No.12, Ahmedabad whereby Civil Misc. Application No.167 of 2005 under Section 34 of the Arbitration and Conciliation Act, 1996 filed by the respondent herein came to be allowed and consequentially, award dated 10.9.2004 passed by the Arbitrator in Arbitration Case No.L/49/2003/2004 came to be set aside. This Appeal came to be admitted on 26.2.2008.
2. When this Appeal comes up for consideration today, learned advocate Mr.K.G. Sukhwani for the appellant company produced affidavit of one Hardeepsingh Chawla, Director of the appellant. Affidavit dated 6.2.2023 of one Hardeepsingh Chawla, Director of the appellant company in Page 1 of 2 Downloaded on : Fri Feb 10 20:45:38 IST 2023 C/FA/3295/2007 ORDER DATED: 08/02/2023 which, inter alia following was stated, "I say that Shri Alpesh H. Parikh Proprietor of M/s.Kalikund Textile, has paid the dues of Basant Rayon Pvt. Ltd., thus the matter is amicably settled and Basant Rayon Pvt. Ltd. does not want to proceed with First Appeal No.3295 of 2007 filed before the Hon'ble Court and the Hon'ble Court is requested to dismiss the First Appeal No.3295 of 2007 and Mr.K.G. Sukhwani, Advocate is also requested by letter dated 2.2.2023 to withdraw First Appeal No.3295 of 2007 filed by Basant Rayon Pvt. Ltd. before the Hon'ble High Court of Gujarat."
2.1 Similarly, affidavit dated 4.2.2023 was also placed on record which was affirmed by respondent herein in which respondent confirmed that the entire amount to the appellant towards settlement has been paid and the Appeal deserves to be disposed of.
3. It was stated by learned advocate for the appellant herein that the respondent is personally present in the Court and he has handed over the aforesaid affidavit to him to be submitted before the Court.
3.1 Both the affidavits are taken on record In view of above facts, learned advocate for the appellant seeks permission to withdraw the Appeal. Accordingly, it is disposed of.
(N.V.ANJARIA, J) (NIRAL R. MEHTA,J) V.J. SATWARA Page 2 of 2 Downloaded on : Fri Feb 10 20:45:38 IST 2023