Gujarat High Court
Mysore Chip Board Ltd vs Textile Machinery Fabricators on 10 September, 2025
NEUTRAL CITATION
C/FA/876/2005 ORDER DATED: 10/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 876 of 2005
With
R/FIRST APPEAL NO. 1177 of 2002
With
R/FIRST APPEAL NO. 877 of 2005
With
R/CROSS OBJECTION NO. 147 of 2005 In
R/FIRST APPEAL NO. 876 of 2005
With
R/CROSS OBJECTION NO. 148 of 2005 In
R/FIRST APPEAL NO. 877 of 2005
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MYSORE CHIP BOARD LTD
Versus
TEXTILE MACHINERY FABRICATORS
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Appearance:
MS SAITA S RAJU(3677) for the Appellant(s) No. 1
MR DIPAN DESAI(2481) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 10/09/2025
ORAL ORDER
Learned counsel for the appellant submits that he has received an instructions from his client to withdraw present appeals and therefore, under instructions from his client he seeks permission to withdraw present appeals.
It appears that the respondent of the First Appeals has filed Cross Objections in the First Appeals being Cross Objection Nos. 147 of 2005 and 148 of 2005 respectively. Further, the appellant herein has also filed Civil Applications being Civil Application No. 2864 of 2005 and 2863 of 2005 in the First Appeals and the coordinate bench of this Court has passed similar orders in both the Civil Applications.
Today, learned Counsel for the appellant has produced on record copies of the orders dated 15.4.2025 Page 1 of 2 Uploaded by SURESH SOLANKI(HC00208) on Wed Sep 10 2025 Downloaded on : Thu Sep 11 01:21:19 IST 2025 NEUTRAL CITATION C/FA/876/2005 ORDER DATED: 10/09/2025 undefined passed in Civil Application No. 2864 of 2005 and 2863 of 2005 by coordinate bench of this Court, which are taken on record. The order dated 15.4.2025 passed in both the Civil Applications read as under:-
"Rule. Mrs.Mehta waives service for the respondent.
After addressing the court for some time on the point of interim relief, a consensus was arrived at between the parties that the entire amount including the amount of Rs.50,000/- deposited by the appellant be permitted to be withdrawn by the respondent on furnishing proper security to the satisfaction of the Trial Court. Accordingly, the impugned judgment and decree passed by the Trial Court is stayed on the condition that the respondent may withdraw the amount deposited by the appellant by furnishing proper security to the satisfaction of the Trial Court. Accordingly, this application is allowed. Rule is made absolute."
It appears from the order that the coordinate bench of this Court has granted interim relief on the condition that the respondent may withdraw the amount deposited by the appellant by furnishing proper security to the satisfaction of the trial Court.
In view of the above facts, permission as sought for is granted. Both the First Appeals stand disposed of as withdrawn.
In view of the withdrawal of the First Appeals, the Cross Objections also stand disposed of. Interim relief granted earlier in both the Civil Applications vide order dated 15.4.2005 stands vacated forthwith. Connected Civil Applications if any, stand vacated forthwith.
(HEMANT M. PRACHCHHAK,J) SURESH SOLANKI Page 2 of 2 Uploaded by SURESH SOLANKI(HC00208) on Wed Sep 10 2025 Downloaded on : Thu Sep 11 01:21:19 IST 2025