Gujarat High Court
Manor Investment Company Private ... vs Gujarat Vidhut Board, Balasinor (Now As ... on 11 July, 2025
NEUTRAL CITATION
C/SCA/13777/2023 ORDER DATED: 11/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13777 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 13777 of 2023
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 2 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 13777 of 2023
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MANOR INVESTMENT COMPANY PRIVATE LIMITED
Versus
GUJARAT VIDHUT BOARD, BALASINOR (NOW AS MADHYA GUJARAT
VIJ COMPANYLIMITED) & ANR.
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Appearance:
MR YATIN SONI(868) for the Petitioner(s) No. 1
MS MARIYA M DALAL(3957) for the Petitioner(s) No. 1
MS LILU K BHAYA(1705) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 11/07/2025
ORAL ORDER
1. Heard learned senior advocate, Mr. G.M. Joshi, with learned advocate, Mr. Yatin Soni, appearing for the petitioner and learned advocate, Mr.Lilu K. Bhaya, appearing for the respondent.
2. At the outset, learned senior advocate, Mr. Joshi, states that certain developments have taken place and the orders passed during the pendency of the writ application, and lastly, Page 1 of 8 Uploaded by MOHD MONIS(HC01900) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:50:44 IST 2025 NEUTRAL CITATION C/SCA/13777/2023 ORDER DATED: 11/07/2025 undefined vide order dated 11th June, 2025 passed by the Executing Court in Special Darkhast No.3 of 2017, objections raised by the petitioner against the attachment of the property having been rejected, and thereafter, an order for the auction of the attached property was passed. So, the petitioner is desirous to avail an alternative remedy, which is available to the petitioner by filing an appeal under Order 21, Rule 58, sub- rule (4) of the Civil Procedure Code, 1908, (hereinafter referred to as the CPC).
2.1. Learned senior advocate, Mr. Joshi, would submit that on an earlier occasion, the petitioner, to show its bona fides, stating before this Court and filed an undertaking that it will deposit the principal amount and also interest at the rate of 6% thereon, and today also, the petitioner is ready and willing to deposit the principal amount, which is available with it, and such deposit may be considered without prejudice to the rights and contentions of the respective parties. 2.2. Nonetheless, learned senior advocate, Mr. Joshi, would further submit that during the pendency of the present Page 2 of 8 Uploaded by MOHD MONIS(HC01900) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:50:44 IST 2025 NEUTRAL CITATION C/SCA/13777/2023 ORDER DATED: 11/07/2025 undefined application, because of the order dated 11th June 2025, an auction has been fixed by the Executing Court, which is scheduled today; then, some breathing time may be given to the petitioner to approach the Appellate Court challenging such an order, which is an appealable one under the CPC and till that time, the auction proceedings should be suspended by this Court on any condition, which is suitable to this Court. 2.3. Further, on instruction from his client, learned senior advocate, Mr. Joshi, does not invite further reasons on the legality and validity of the order impugned in the main petition as well as in the civil applications, as the petitioner has decided to file an appeal before the Appellate Court.
3. Per contra, learned advocate, Ms.Bhaya, vehemently submitted that considering the past conduct of the petitioner, who betrayed its promise by not having come forward with the amount and not settling the dispute, no leniency should be shown to the petitioner. Even if the petitioner wants to avail an alternative remedy by filing an appeal before the Appellate Court, it may do so without asking for any favour from this Page 3 of 8 Uploaded by MOHD MONIS(HC01900) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:50:44 IST 2025 NEUTRAL CITATION C/SCA/13777/2023 ORDER DATED: 11/07/2025 undefined Court in regard to deposit of the principal amount with the Executing Court.
3.1. Learned advocate, Ms. Bhaya, would further submit that as such, there is no merit in the present application, and the orders, which were passed by the Executing Court, are just and proper; thereby, this Court may not entertain any request made by the petitioner.
4. Nonetheless, when it was put to the learned advocate, Ms.Bhaya, about the maintainability of the appeal, she responded that such aspect about maintainability be examined by the Appellate Court.
5. After considering the submissions made by the learned advocates appearing for the respective parties, prima facie, it appears that several developments have taken place during the pendency of the main matter, whereby, an objection having been filed by the respondent to attach the property of the judgment debtor - the petitioner, an application was initially filed on 22nd April, 2025 below Exhibit 64 in the execution Page 4 of 8 Uploaded by MOHD MONIS(HC01900) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:50:44 IST 2025 NEUTRAL CITATION C/SCA/13777/2023 ORDER DATED: 11/07/2025 undefined petition wherein, an order of attachment has been passed by the Executing Court vide its order dated 3rd May 2025.
6. Subsequently, the application filed below Exhibit 83 by the respondent on 22nd May, 2025 in execution, thereby request was made to the Executing Court to sell the property, which was ordered to be attached.
7. The petitioner appears to have filed its objection against Exhibit 83 i.e., the attachment and auctioning of the property, which was decided by the Executing Court vide its order dated 11th June 2025, whereby it has turned down the objection of the petitioner.
8. Prima facie, such order is an appealable one as per Order 21, Rule 58, sub-rule (4) of the CPC. Now, the petitioner wants to avail an alternative remedy of filing an appeal against the last order passed by the Executing Court while turning down its objection against the attachment and auctioning of the property, the petitioner is hereby permitted to do so. Page 5 of 8 Uploaded by MOHD MONIS(HC01900) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:50:44 IST 2025
NEUTRAL CITATION C/SCA/13777/2023 ORDER DATED: 11/07/2025 undefined
9. At the same time, this Court is not oblivious of the fact that after the passing of the order on 11th June 2025, initially, the petitioner filed a civil application before this Court in the pending matter, wherein it tried to explore the possibility of a settlement, but ultimately not worked out between the parties, and this Court would not like to go into its reasons.
10. At the same time, breathing time is required to be granted to the petitioner to approach the Appellate Court by filing an appeal and till that time, the auction proceedings initiated by the Executing Court, which is scheduled today, are required to be suspended to avoid any multiplicity of proceedings between the parties and/or third-party rights which might be created, whereby a third party might unknowingly land in a situation where, during the pendency of litigation, it purchased the property of petitioner.
11. This Court was of the opinion and to test the bona fides of the petitioner and as a condition to be imposed upon the petitioner to deposit the principal amount, which was agreed to by the petitioner, but considering the submissions made by Page 6 of 8 Uploaded by MOHD MONIS(HC01900) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:50:44 IST 2025 NEUTRAL CITATION C/SCA/13777/2023 ORDER DATED: 11/07/2025 undefined the respondent, this Court would not like to opt for it. Hence, the following order is passed.
11.1. The petitioner is permitted to approach the Appellate Court by filing an appropriate appeal within a period of 15 days from today, challenging the order passed by the Executing Court, whereby it rejected the objections against the attachment of its property and the auctioning thereof. 11.2. The process of auction of the property attached by the Executing Court, as per its order dated 11th June 2025 passed below Exhibit 83 in Special Darkhast No.3 of 2017, shall remain under suspension for a period of 15 days from today, i.e., up to 28th July, 2025.
12. It is made clear that this Court has not expressed any opinion on the merits of the matter, and the contentions, which are available to the respective parties, are kept open and are to be decided by the Appellate Court in the appeal and/or any other appropriate proceedings, which may be taken out by the parties before the appropriate court. Page 7 of 8 Uploaded by MOHD MONIS(HC01900) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:50:44 IST 2025
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13. In view of the aforesaid, the present petition is disposed of. The civil application is also disposed of accordingly. No order as to costs.
(MAULIK J.SHELAT,J) MOHD MONIS Page 8 of 8 Uploaded by MOHD MONIS(HC01900) on Fri Jul 11 2025 Downloaded on : Fri Jul 11 23:50:44 IST 2025