Gujarat High Court
M/S. Subhlaxmi Techno Cast Pvt. ... vs Unique Yarn Industries Pvt. Ltd ... on 8 January, 2021
Bench: Vineet Kothari, Gita Gopi
C/LPA/1158/2014 ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/LETTERSPATENTAPPEALNO. 1158of 2014
In
R/SPECIALCIVILAPPLICATIONNO. 10536of 2011
With
CIVILAPPLICATION(FORDIRECTION) NO. 1 of 2016
In
R/LETTERSPATENTAPPEALNO. 1158of 2014
With
R/LETTERSPATENTAPPEALNO. 1168of 2014
In
SPECIALCIVILAPPLICATIONNO. 10536of 2011
With
CIVILAPPLICATION(FORDIRECTION) NO. 2 of 2014
In
R/LETTERSPATENTAPPEALNO. 1168of 2014
In
SPECIALCIVILAPPLICATIONNO. 10536of 2011
With
R/LETTERSPATENTAPPEALNO. 1169of 2014
In
SPECIALCIVILAPPLICATIONNO. 10536of 2011
==============================================================================
M/S. SUBHLAXMITECHNOCASTPVT. LTD. THROUGHITS MANAGINGDIRECTOR
Versus
UNIQUEYARNINDUSTRIESPVT. LTDTHROUGHITS DIRECTORO P BAZARIORHIS
SUCCESSOR& 5 other(s)
==============================================================================
Appearance:
MRP P MAJMUDAR(5284)for the Appellant(s)No. 1
MRSP MAJMUDAR(3456)for the Appellant(s)No. 1
ADITI S RAOL(8128)for the Respondent(s)No. 1,2
MRCHINMAYM GANDHI(3979)for the Respondent(s)No. 3,4
MRMBGANDHI(326)for the Respondent(s)No. 3,4
MRSATYAMY CHHAYA(3242)for the Respondent(s)No. 5
MRYN RAVANI(718)for the Respondent(s)No. 6
==============================================================================
CORAM: HONOURABLE DR. JUSTICE VINEET KOTHARI
and
HONOURABLE MS. JUSTICE GITA GOPI
Date: 08/01/2021
Page 1 of 7
Downloaded on : Mon Jan 11 20:23:18 IST 2021
C/LPA/1158/2014 ORDER
ORALORDER
(PER: HONOURABLEDR. JUSTICE VINEET KOTHARI)
1. Learned counsel jointly submit that the present letters patent
appeals need not be decided on merits as M/s. Subhlaxmi Techno Cast
Pvt. Ltd and M/s. Maxewell Engineering and Platter, who were
respondents No.4 and 5, have entered into a mutual settlement with
Unique Yarn Industries Pvt. Ltd. wherein, said Unique Yarn Industries
Pvt. Ltd. has given up its right in the land in question in favour of these
appellants, i.e. M/s. Subhlaxmi Technocast Pvt. Ltd and M/s. Maxewell
Engineering and Platter. A copy of the Settlement Terms duly signed by
the parties and notarized dated 08.12.2020 is produced on record. The
terms of this settlement are quoted in extenso hereinbelow;
"1. The respondent no. 1 and 2 had filed Special Civil
Application no.10536 of 2011 challenging the order dated
01.06.2011 passed by the Divisional Manager, Gujarat Industrial
Development Corporation and seeking a direction from this
Hon'ble Court to restore the possession of plot no.4801/4 situated
at Phase-IV, GIDC, Vatva to them.
2. Pending the captioned petition, it had come to the knowledge
of the respondents no. 1 and 2 that land bearing plot no.4801/4 in
Phase-IV, GIDC, Vatva has been transferred to a third party and
some construction activities were being carried out on the said plot.
The respondents no. 1 and 2 filed further affidavit on 19.2.2014 in
the captioned petition placing on record the photographs of the
construction activities undertaken on the said plot.
3. The Divisional Manager, Gujarat Industrial Development
Corporation responded to the aforementioned further affidavit filed
on 19.2.2014, by way of filing an additional affidavit on 5.3.2014,
stating that the plot no.4801/4 has been divided into two parts i.e.
plots no.4801/4A and 4801/4B. The plot no.4801/4A admeasuring
997.50 sq. mtrs. has been allotted to M/s. Subhlaxmi Techno Cast
Pvt. Ltd. and plot no.4801/4B admeasuring 1650 sq. mtrs. has been
allotted to M/s. Maxwell Industries. As M/s. Maxwell Industries
has defaulted in making payment, their case at that time was under
consideration with the GIDC. This means that the construction
C/LPA/1158/2014 ORDER
activity was carried out by M/s. Subhlaxmi Techno Cast Pvt. Ltd.,
the appellant herein.
4. Thereafter, the matter was extensively heard by the learned
Single Judge and on 23.9.2014, the learned Single Judge passed
CAV judgment in Special Civil Application no.10536 of 2011
allowing the petition. The operative part of the CAV judgment
reads as under:
"[29] Under the above discussed circumstances,
this petition is hereby allowed and order passed by
respondent No.2-GIDC dated 1st June, 2011
(Annexure-V) is hereby set aside. Considering the
peculiar facts narrated hereinabove, respondent
Nos.1 and 2 are directed to restore possession of
plot bearing No.4801/4 in Phase-IV, GIDC, Vatva,
Ahmedabad, at the earliest, by removing sub-
plotting made by them being sub-plot Nos.4801/4A
and 4801/4B of 4801/4 and thereafter hand over
peaceful, clear and vacant possession of entire sub
plot No.4801/4 to the petitioners herein on
depositing rest of the dues to be calculated by the
respondent Nos.1 and 2 and to be paid by the
petitioners by charging interest @ 9% per annum
on the said amount. It appears from the copy of
Development Plan of 2013 at Annexure-R2 at page
No. 122 that subdivision of Plot No. 4801 has
already been done and that too with AMC and
therefore, no further order requires to be passed so
far as prayer Para No. 26(B) of this petition is
concerned. However, respondent Nos. 1 and 2 shall
extend full support and cooperation relating to sub-
division of Plot No. 4801, if necessity arises.
[29.1] Considering the above referred conduct of
the high ranking officials making the petitioners to
suffer a lot for no fault of theirs, respondent Nos.1
and 2 are hereby directed to pay amount of
Rs.50,000/- towards costs of this litigation to the
petitioners. Rule is made absolute to the aforesaid
extent."
A copy of the said CAV judgment dated 23.9.2014 passed by the
C/LPA/1158/2014 ORDER
learned Single Judge in Special Civil Application no.10536 of
2011 is annexed hereto and marked as Annexure-A.
5. Being aggrieved by the CAV judgment dated 23.9.2014
passed in Special Civil Application no.10536 of 2011, the appellant
filed Letters Patent Appeal no. 1158 of 2014, Gujarat Industrial
Development Corporation filed Letters Patent Appeal no.1169 of
2014 and M/s. Maxwell Engineering filed Letters Patent Appeal
no.1168 of 2014 before this Hon'ble Court. All the aforesaid three
Letters Patent Appeals were heard together by the Hon'ble
Division Bench of this Hon'ble Court. On 15.11.2014, this Hon'ble
Court admitted Letters Patent Appeal no.1158 of 2014 and other
cognate appeals and issued certain directions to the respective
parties. The operative part of the order reads as under:
"7. Hence, following order:-
(1) Appeals are admitted and the same shall
be listed for final hearing on 16th February 2015.
(2) By interim order, there shall be stay
against the operation of the order passed by
learned Single Judge, which is impugned in all the
appeals, on condition that status quo qua the
possession, title and development/ construction of
the property shall be maintained by the appellants-
applicants of Letters Patent Appeal Nos.1158 of
2014 and 1168 of 2014; and
(3) GIDC deposits an amount of Rs.14 lacs
with this Court within a period of FOUR WEEKS
from today and further files undertaking of its
officer of the rank of Managing Director to the
effect that in the event any amount towards
damages or compensation is so ordered by the
Court and the deposit of aforesaid amount of Rs.14
lacs is not sufficient, additional amount shall be
deposited with this Court within a period of FOUR
WEEKS from the date of the said order.
(4) Office shall invest the amount of Rs.14
lacs in the Fixed Deposit Receipt(s) initially for a
C/LPA/1158/2014 ORDER
period of one year and such investment shall be
renewed from time to time until further orders."
Thus, as per Clause (2) of para 7 of the said order dated
15.11.2014, the impugned CAV judgment dated 23.9.2014 came to
be stayed by this Hon'ble Court on the condition that the appellants
of Letters Patent Appeals no.1158 of 2014 and 1168 of 2014 shall
maintain status-quo qua the possession, title and
development/construction of the said property.
6. Pending Letters Patent Appeal no.1158 of 2014, the private
parties have arrived at an amicable settlement and the settlement
terms are reduced in writing as under:
A. For consideration of Rs.15,00,000 to be paid by M/s.
Shublaxmi Technocast Pvt. Ltd. to Mr. Omprakash
Ramniwas Bazari of M/s. Unique Yarn Industries Pvt. Ltd.,
Mr. Omprakash Ramniwas Bazari, hereby agrees to transfer
all his rights and interests in plot no. 4801/4A situated at
Vatwa having area 997.50 sq. mtrs.
B. On payment of the said amount by M/s. Shublaxmi
Technocast Pvt. Ltd. to Mr. Omprakash Ramniwas Bazari,
Mr. Omprakash Ramniwas Bazari agrees to waive all his
rights and interests in plot no. 4081/4A in favour of M/s.
Shublaxmi Technocast Pvt. Ltd.,
C. The said amount of Rs. 15,00,000 is to be paid by M/s.
Shublaxmi Technocast Pvt. Ltd. to Mr. Omprakash
Ramniwas Bazari, by two Demand Drafts one Demand Draft
of Rs. 7,50,000/- (D.D. no. 000655 of AU Small Finance
Bank dt. 29/10/2020) in the name of Mr. Omprakash
Ramniwas Bazari (PAN Card no. AACPB5754G) and the
other Demand Draft of Rs. 7,50,000/- (D.D. no. 000656 of
AU Small Finance Bank dt. 29/10/2020) in the name of
Mrs. Prabha Omprakash Bazari. (PAN Card no.
AACPB5765F).
D. The said amount of Rs.15,00,000 represents full
consideration and full and final settlement between the
parties hereto.
E. The parties hereby undertake to abide by the settlement
terms arrived at between them and to act in furtherance
C/LPA/1158/2014 ORDER
thereof and to withdraw all or any pending cases between
them in connection with plot no. 4801/4A, situated at Vatwa
having area 997.50 sq. mtrs.
F. The parties agree that on receipt of the full amount of
consideration of Rs.15,00,000 by Mr. Omprakash Ramniwas
Bazari from M/s. Shublaxmi Technocast Pvt. Ltd., the
former ceases to have any right or interest in plot no.
4801/4A situated at Vatwa having area 997.50 sq. mtrs.
7. Given the above settlement, the parties to the settlement
request that the CAV judgment dated 23.09.2014 passed by the
learned Single Judge in Special Civil Application no.10536 of
2011 be quashed and set aside and be substituted by the aforesaid
settlement terms in the present Letters Patent Appeal no.1158 of
2014 and the court may decree accordingly."
2. In view of this, the letters patent appeals are not required to be
decided on merits and they are, accordingly, disposed of in terms of the
said settlement, to which the learned counsel for the appellant - GIDC,
Mr. Chinmay Gandhi, has no objection.
3. However, two incidental submissions are made. Under the interim
order dated 15.11.2014 passed by the coordinate Bench in the present
letters patent appeals, the GIDC was directed to deposit an amount of
Rs.14,00,000/- within four weeks, which was further directed to be kept
deposited in Fixed Deposit with the bank. Learned counsel agree that the
said amount may be refunded back to the GIDC with interest, as earned
on this Fixed Deposit, which are lying with the bank. The needful
compliance may be made in this regard.
4. Another aspect which arises from the order of the learned single
Judge impugned before us is the direction to the GIDC to pay a cost of
Rs.50,000/- to the writ petitioners - Unique Yarn Industries Pvt. Ltd. but,
C/LPA/1158/2014 ORDER
which has not so far been paid, as the matters were pending before the
Division Bench in the present letters patent appeals. The learned senior
counsel for the respondent Mr. Shalin Mehta fairly submits and waives
the realization of the cost, as directed by the learned single Judge, to
which learned counsel Mr. Chinmay Gandhi agrees to. Accordingly, the
said part of the order of the learned single Judge to pay cost of
Rs.50,000/- is set aside. The appeals are, accordingly, disposed of in
terms of the Settlement Terms quoted above. The civil applications stand
disposed of accordingly.
(DR. VINEET KOTHARI, J)
(GITA GOPI, J)
PRAVINKARUNAN
