Gujarat High Court
Bhadresh Kanubhai Desai vs Dakshin Gujarat Vij Company Limited on 3 September, 2025
NEUTRAL CITATION
C/SCA/18501/2011 ORDER DATED: 03/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18501 of 2011
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BHADRESH KANUBHAI DESAI
Versus
DAKSHIN GUJARAT VIJ COMPANY LIMITED
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Appearance:
UDIT N VYAS(9255) for the Petitioner(s) No. 1
MR SP HASURKAR(345) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 03/09/2025
ORAL ORDER
1. Heard learned Advocate Mr. Udit N. Vyas for the petitioner and learned Advocate Mr. S.P. Hasurkar for the respondent.
2. The present writ application is filed under Article 227 of the Constitution of India, seeking the following reliefs:
"A) This petition may kindly be admitted; B) This Hon'ble Court may be pleased to issue a writ of or in the nature of, Certiorari or any other appropriate writ, order or direction quashing and setting aside the judgment, order and decree dated 20-
10-2011 passed by Learned Additional District Judge, Narmada in Regular Civil Appeal No. 32 of 2011 Annexure "A" and be further pleased to allow the said Regular Civil Appeal No.32 of 2011 in terms of prayers made in paragraph no.5(1) to 5(2) of memo of the said appeal;
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NEUTRAL CITATION C/SCA/18501/2011 ORDER DATED: 03/09/2025 undefined C) Pending admission, disposal and final hearing of the present petition, this Hon'ble Court may be pleased to stay the operation, implementation, effect and execution of the judgment, order and decree dated 28-5-2001 passed by Learned Civil Judge (S.D), Bharuch in Special Civil Suit No.168 of 1997 Annexure "C" and be further pleased to stay further proceedings of Special Execution Petition No. 1 of 2010 filed by the respondent against the petitioner in the court of Principal Senior Civil Judge, Narmada;
D) Ad interim relief in terms of afore-said clause may kindly be granted;
E) Such other(s) and further relief(s) which this Hon'ble Court may deem fit to be granted in the interest of Justice."
3. During the pendency of the present matter and as per the order passed by this Court at given point of time, the petitioner herein has deposited a sum of Rs.5,00,000/- with the Trial Court and the same was ordered to be invested in Fixed Deposit. It is reported that the present value of such Fixed Deposit is approximately Rs.9,05,534/-, which is lying with the Executing Court concerned. The parties to the proceedings have tried to settle the dispute inter se. It is happy to note that due to persuasion of the learned Advocates for the respective parties, the respective parties have agreed and accordingly settled the matter on the following terms:
(i). The respondent herein, who happens to be a decree holder, will accept the amount of Rs.5,00,000/- plus Page 2 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Wed Sep 03 2025 Downloaded on : Thu Sep 04 01:13:26 IST 2025 NEUTRAL CITATION C/SCA/18501/2011 ORDER DATED: 03/09/2025 undefined accrued interest on such amount till its actual realization, while encashing the F.D.R.
(ii). The petitioner herein, who was the judgment debtor, having deposited partial decretal amount of Rs.5,00,000/- and as on date, with interest it accrued to Rs.9,05,534/-, has no objection if such amount will be received by the respondent as full and final settlement and due satisfaction of the decree passed by the Trial Court.
(iii). The parties have mutually agreed that the aforesaid amount accrued in the F.D.R. lying with the Executing Court shall be received by the respondent-decree holder as full and final satisfaction of the judgment and decree dated 28.05.2001, passed by the 7th Joint Civil Judge (Senior Division), Bharuch, in Special Civil Suit No. 168 of 1997.
(iv). The respondent further agreed that the execution so filed by it in pursuance to the aforesaid decree will be withdrawn once such amount lying in the F.D.R. is received.
4. Considering the aforesaid facts and circumstances and as there is an amicable settlement between the parties, this Court would accept such recourse adopted by the parties and Page 3 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Wed Sep 03 2025 Downloaded on : Thu Sep 04 01:13:26 IST 2025 NEUTRAL CITATION C/SCA/18501/2011 ORDER DATED: 03/09/2025 undefined accordingly order as under:
5. The petitioner and respondent shall abide by what is agreed and referred to hereinabove in true letter and spirit, the respondent is hereby permitted to withdraw an amount of Rs.9,05,534/- or any amount actually accrued and lying in the F.D.R. with the Executing Court, pursuance to the deposit made by the petitioner herein of Rs.5,00,000/-. The petitioner shall give no objection against such withdrawal, if so required, before the Executing Court. It is further made clear that on getting such amount by the respondent, it would be towards full and final satisfaction of the decree as referred to hereinabove.
6. Lastly, it is further observed and made clear to all concerned that neither the petitioner nor the respondent shall claim anything in whatsoever manner against each other in regards to the lis between the parties.
7. In view of the aforesaid observations, the present writ application is disposed of accordingly. No order as to costs.
(MAULIK J.SHELAT,J) Nilesh Page 4 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Wed Sep 03 2025 Downloaded on : Thu Sep 04 01:13:26 IST 2025