Kishorbhai Ramjibhai Saparia vs Pachichim Gujarat Vij Co.Ltd

                                                                                    NEUTRAL CITATION




     C/SA/643/2022                                  ORDER DATED: 08/11/2023

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/SECOND APPEAL NO. 643 of 2022
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                  In R/SECOND APPEAL NO. 643 of 2022
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                     KISHORBHAI RAMJIBHAI SAPARIA
                                Versus
                     PACHICHIM GUJARAT VIJ CO.LTD.
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Appearance:
MR. HARDIK C THAKKAR(7133) for the Appellant(s) No. 1
MR MITESH L RANGRAS(3324) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                             Date : 08/11/2023

                                 ORAL ORDER

1. Heard Mr. Hardik Thakkar, learned advocate for the appellant and Mr. Mitesh Rangras, learned advocate for the respondent.

2. By way of this appeal, the appellant is challenging the judgment and decree dated 24.4.2008 passed by the learned Trial Court, Junagadh in Special Civil Suit no.131 of 2003 and the judgment and decree dated 21.9.2019 passed by the learned Additional District Court, Visavadar, District Junagadh in Regular Civil Appeal no.18 of 2017.

3. There are concurrent findings of the Courts below. The appellant is challenging the same, Page 1 of 3 Downloaded on : Wed Nov 08 20:55:19 IST 2023 NEUTRAL CITATION C/SA/643/2022 ORDER DATED: 08/11/2023 undefined where the Special Civil Suit was filed by GEB for recovery of an amount of Rs.2,65,296.71 ps. The suit against the defendant as being non-consumer no.392226108 where there was allegation of direct power theft by the defendant.

4. The learned 10th Additional Senior Civil Judge, Junagadh on 24.4.2008 had allowed the suit of the plaintiff and had made the plaintiff entitled to recover an amount of Rs.2,65,296.71 ps. with interest at the rate of 7% per annum till realization from the defendant. Aggrieved by the judgment, Regular Civil Appeal no.18 of 2017 was filed by present appellant whereby the appeal came to be dismissed and the judgment and order of the learned Trial Court was confirmed on 21.9.2019. It is stated that the main claim of Rs.2,65,296.71 has been deposited and the order dated 12.10.2023 in the present matter reflects that Rs.1 lac had been deposited by the appellant and thereafter, rest of the amount was assured to be deposited which the learned advocate Mr. Hardik Thakkar submits that the appellant has already deposited the said amount. Thus, in total, the main claim amount has been paid.

NEUTRAL CITATION C/SA/643/2022 ORDER DATED: 08/11/2023 undefined

5. It is submitted that the execution proceedings is pending. When the main amount has already been deposited, if at all any benefit can be granted to the appellant by way of any scheme, then the authority concerned may extend the benefit of such prevalent scheme to the appellant.

6. On hearing of the matter under the concurrent findings of the courts below, this Court has not found any merit for raising any substantial question of law and even do not find any error in the judgment and findings of the courts. Thus, the appeal fails on merits and hence, stands dismissed. In view of dismissal of appeal, Civil Application also stands disposed of.

(GITA GOPI,J) Maulik Page 3 of 3 Downloaded on : Wed Nov 08 20:55:19 IST 2023