Gujarat High Court
Uttar Gujarat Vij Company Ltd vs Thakor Artiben Wd/O Khumaji Jugaji ... on 22 September, 2025
NEUTRAL CITATION
C/CA/4127/2025 ORDER DATED: 22/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4127 of
2025
In R/SECOND APPEAL NO. 406 of 2025
With
R/SECOND APPEAL NO. 406 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 3 of 2025
In R/SECOND APPEAL NO. 406 of 2025
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UTTAR GUJARAT VIJ COMPANY LTD
Versus
THAKOR ARTIBEN WD/O KHUMAJI JUGAJI THAKOR & ORS.
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Appearance:
MR CHINMAY M GANDHI(3979) for the Applicant(s) No. 1
MS RUMI M GANDHI(3472) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR.JUSTICE SANJEEV
J.THAKER
Date : 22/09/2025
ORAL ORDER
ORDER IN CIVIL APPLICATION FOR DELAY:-
1. A notice was issued by this Court vide order dated 07.08.2025 on the Civil application for Condonation of Delay in preferring the Second Appeal.
2. In view of the fact that urgency has been shown due to the order passed by the learned Executing Court in the Execution Application No.01 of 2025 on 19.09.2025, this Page 1 of 6 Uploaded by A. B. VAGHELA(HC01079) on Tue Sep 23 2025 Downloaded on : Wed Sep 24 00:15:25 IST 2025 NEUTRAL CITATION C/CA/4127/2025 ORDER DATED: 22/09/2025 undefined Court is of the opinion that if the matter is not taken up for hearing today, serious prejudice will be caused to the appellant in view of the order that has been passed by the learned Executing court. In view of the same, the delay of 04 days is hereby condoned.
ORDER IN SECOND APPEAL:-
1. The present Second Appeal is filed against the judgment and decree passed by the learned Appellate Court in Regular Civil Appeal No.4 of 2021 dated 23.12.2024 whereby the judgment and decree passed by the learned trial court in Regular Civil Suit No.236 of 2017 (Old no.325 of 2015) dated 06.11.2017 is set aside.
2. Learned advocate for the applicant has drawn attention of this Court to the order dated 19.09.2025, passed below Exh.1 in the Execution Application No.01 of 2025 by the learned Principal Civil Judge, Detroj, Ahmedabad and submits that the learned Court below has directed the Nazir of Civil Court, Detroj to release the amount deposited by the judgment debtor to the decree holder upon proper application Page 2 of 6 Uploaded by A. B. VAGHELA(HC01079) on Tue Sep 23 2025 Downloaded on : Wed Sep 24 00:15:25 IST 2025 NEUTRAL CITATION C/CA/4127/2025 ORDER DATED: 22/09/2025 undefined being made by the decree holder.
3. He further submits that the learned Executing Court has passed an order that no proof of filing of an appeal before the Hon'ble High Court nor any stay order of Hon'ble High Court has been placed on record before the Executing Court, but in the first paragraph of order itself indicates that the judgment debtor has produced registration slip of the High Court.
4. Learned advocate further submits that the judgment debtor has deposited entire amount to the tune of Rs.12,62,153/- by way of Demand Draft, bearing No.17677, on 24.06.2025, before the Court below, therefore, it was argued by the learned advocate that the amount deposited by the applicant under protest before the Court below shall not be permitted to be withdrawn by the opponents till the second appeal is decided by the Hon'ble High Court.
5. In the present case if the judgment under challenge is considered, the appellate court has not taken into considered the evidence, which was filed before the court and has not decided the issues as per order 41 Rule 31 of the CPC and Page 3 of 6 Uploaded by A. B. VAGHELA(HC01079) on Tue Sep 23 2025 Downloaded on : Wed Sep 24 00:15:25 IST 2025 NEUTRAL CITATION C/CA/4127/2025 ORDER DATED: 22/09/2025 undefined therefore, it is requested to admit the second appeal and stay the order passed by the court below.
6. Having heard learned advocate for the appellant and having considered the judgment and decree passed by the learned appellate court, the matter requires consideration.
Hence, the present Second Appeal is Admitted on the following substantial questions of law.
"(a) That when there is no evidence showing negligent act on the part of defendant, whether the electricity company can be held to be negligent and whether the electricity company is liable for payment of compensation thereof and can the Court pass decree on the principle of Rule of Strict liability?
(b) When the plaintiff has neither entered into the witness box for examination in chief nor filed any affidavit in lieu thereof and thereby not provided an opportunity for the defendant to cross-examine and also failed to prove the panchnama of the place of the incident, still however whether the learned District Page 4 of 6 Uploaded by A. B. VAGHELA(HC01079) on Tue Sep 23 2025 Downloaded on : Wed Sep 24 00:15:25 IST 2025 NEUTRAL CITATION C/CA/4127/2025 ORDER DATED: 22/09/2025 undefined Court hold the defendant negligent and award compensation in favour of the plaintiffs?
(c) Whether the learned District Court has erred in not framing proper issues regarding the allegations levelled by defendant?
(d) That when admittedly, there is no allegation regarding negligence on the part of the appellant company, can it be fastened with the liability of paying the compensation?
(e) Whether the learned trial court is right in granting enhanced amount of compensation in favour of respondents herein in the appeal filed by the present appellant, that too without there being any proof regarding the age, vocation and income of the deceased.
ORDER IN CIVIL APPLICATION (FOR STAY):-
1. Heard learned advocate for the applicant. Page 5 of 6 Uploaded by A. B. VAGHELA(HC01079) on Tue Sep 23 2025 Downloaded on : Wed Sep 24 00:15:25 IST 2025
NEUTRAL CITATION C/CA/4127/2025 ORDER DATED: 22/09/2025 undefined
2. Learned advocate for the applicant - original appellant has produced copy of the pursis dated 02.07.2025, which is filed in Execution Application No.1 of 2025 showing the details regarding payment of amount of Rs.12,62,153/- by way of Demand Draft, bearing No.17677, on 24.06.2025, which taken on record.
3. Having heard learned advocate for the applicant and having considered the fact that the appellant ha already deposited the amount of Rs.12,62,153/- in Execution Application No.1 of 2025 through demand draft so also having considered the fact that the main Secon Appeal is admitted, interim relief in terms of Para14(C) is stayed, till the next date of hearing of the main appeal.
List the main matter on 30.09.2025. Direct service is permitted.
(SANJEEV J.THAKER,J) A. B. VAGHELA Page 6 of 6 Uploaded by A. B. VAGHELA(HC01079) on Tue Sep 23 2025 Downloaded on : Wed Sep 24 00:15:25 IST 2025