Gujarat High Court
Gujarat Narmada Valley Fertilizer Co vs Narendrakumar P Gokani on 30 July, 2025
NEUTRAL CITATION
C/FA/734/1996 JUDGMENT DATED: 30/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 734 of 1996
With
R/FIRST APPEAL NO. 1013 of 1996
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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Approved for Reporting Yes No
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GUJARAT NARMADA VALLEY FERTILIZER CO.
Versus
NARENDRAKUMAR P GOKANI & ORS.
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Appearance:
MR MAYUR DHOTARE FOR NANAVATI ASSOCIATES(1375) for the
Appellant(s) No. 1
DELETED for the Defendant(s) No. 9
MR MAHENDRA U VORA(3034) for the Defendant(s) No. 10,11,12
MR YN RAVANI(718) for the Defendant(s) No. 2,3,4,5,6
NOTICE SERVED for the Defendant(s) No. 7,8
SERVED BY AFFIX(N) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 30/07/2025
ORAL JUDGMENT
1. First Appeal No.734 of 1996 is filed by the appellant - Gujarat Narmada Valley Fertilizer Company - original defendant No.1 against the judgement and order dated 29.11.1995 passed by the learned 4 th Joint Civil Judge (S.D.), Bharuch (hereinafter referred to as "the trial court") in Special Civil Suit No. 158 of 1989, whereby the learned Judge has directed the appellant herein to pay Page 1 of 4 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 22:59:00 IST 2025 NEUTRAL CITATION C/FA/734/1996 JUDGMENT DATED: 30/07/2025 undefined compensation of Rs.90,000/- with 15% interest to the respondent Nos.9 to 12 - original plaintiffs and also directed the respondent Nos.1 to 6 - original defendant Nos.2 to 7 to pay compensation of Rs.45,000/- with 15% interest to the respondent Nos.9 to 12 - original plaintiffs.
1.1 Whereas, First Appeal No.1013 of 1996 is filed by the appellants - original defendant Nos.3 to 7 against the very same judgement and order dated 29.11.1995 passed by the learned 4th Joint Civil Judge (S.D.), Bharuch in Special Civil Suit No. 158 of 1989.
2. Heard Mr. Mayur Dhotare, learned advocate for the appellant, Mr. Y.N. Ravani, learned advocate for the respondent Nos.2 to 6 and learned advocate Mr. Mahendra U. Vora for the respondent Nos.10 to 12. Though served, no one appears for the respondent Nos.1, 7 and 8. I have also perused the original record and proceedings.
3. It appears from the record that, the deceased Shanabhai Kabhai Vasava, who was working with the respondent No.2, was made to harass on the suspicion and subsequently, he was beaten by the personnel of the Company, due to which he sustained serious injuries on his body and died during the course of treatment and therefore, his leal heirs had instituted the suit before the trial court seeking damages and compensation. After Page 2 of 4 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 22:59:00 IST 2025 NEUTRAL CITATION C/FA/734/1996 JUDGMENT DATED: 30/07/2025 undefined considering the relevant facts and after considering the reply filed by the defendants, the trial court had framed the issues at Exh.-46 referred in para-8 of the impugned judgment and order and answered in para-9. After considering the oral as well as documentary evidence, the trial court has recorded the findings and partly allowed the suit by awarding compensation to the original plaintiffs as aforesaid.
4. Though various grounds have been raised in the memo of appeals, the fact remains that the total amount involved in the appeals is only Rs.90,000/- and Rs.45,000/- respectively. Considering the smallness of amount, this Court deems it fit not to exercise jurisdiction under Section 96 of the Civil Procedure Code, 1908. Accordingly, without entering into the merits of the matter only on the ground of smallness of amount with a further clarification that this may not be considered as precedent in other matters, both the appeals are dismissed. However, there shall be no order as to costs. Record and proceedings, if any, be sent back to the concerned Court forthwith.
5. If the appellants of both the appeals have not deposited the amount awarded by the trial court, the same shall be deposited within a period of eight (8) weeks from date of receipt of order of this Court. Once the amount is deposited by the appellants of both the appeals, Page 3 of 4 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 22:59:00 IST 2025 NEUTRAL CITATION C/FA/734/1996 JUDGMENT DATED: 30/07/2025 undefined the same shall be disbursed in favour of the original claimants, after verifying their bank details and after following due procedure, through RTGS/NEFT.
(HEMANT M. PRACHCHHAK,J) Dolly Page 4 of 4 Uploaded by DOLLY CHETAN VADUKAR(HC01392) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 22:59:00 IST 2025