Gujarat High Court
The State Of Gujarat vs M/S. M.A. Engineers on 24 June, 2021
Bench: N.V.Anjaria
C/SA/102/2021 ORDER DATED: 24/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 102 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/SECOND APPEAL NO. 102 of 2021
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THE STATE OF GUJARAT & 1 other(s)
Versus
M/S. M.A. ENGINEERS
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Appearance:
MS. NIDHI VYAS, ASSISTANT GOVERNMENT PLEADER(1) for the
Appellant(s) No. 1,2
for the Respondent(s) No. 1,1.1,1.2,1.3,1.4
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 24/06/2021
ORAL ORDER
Heard learned Assistant Government Pleader Ms. Nidhi Vyas for
appellant State and its authorities.
2. The original suit instituted by the respondents-the original
plaintiffs was for recovery of an amount of Rs. 2,73,188/- with interest at
the rate of 18%. The plaintiff was awarded tender work by the appellant
State. The Trial Court partially allowed the suit and held the plaintiff to
be entitled to recover Rs. 20,721/- with 9% interest. The said judgment
was appealed against by the dissatisfied plaintiff. The appellate court
decreed the suit in its entirety.
3. Learned Assistant Government Pleader relied on the grounds
mentioned in the memorandum of appeal and submitted that substantial
questions of law as mentioned in para 4 of the memorandum of appeal
arises for consideration.
C/SA/102/2021 ORDER DATED: 24/06/2021
4. In the facts of the case, the Second Appeal is admitted on the
following substantial questions of law,
(i) Whether in the facts and circumstances of the case, the lower
appellate court was justified in directing the recovery when the
promises were reciprocal and that the plaintiff was also facing the
case of breach of obligation on his part ?
(ii) Whether the courts below committed an error in entertaining
the suit and allowing the appeal when the recourse to arbitration
was available to the plaintiff ?
(iii) Whether in the facts and circumstances of the case, the lower
appellate court committed an error in granting the loss of profits
against the opponent appellant and also in granting damages and
interest on the value of the properties ?
(iv) Whether it is rightly held that the time was not essence of
contract ?
(v) Whether the courts below erred in holding that termination of
contract by the appellant was illegal and holding the appellant
liable to pay the amount as decreed ?
Order in Civil Application
Heard learned Assistant Government Pleader Ms. Nidhi Vyas for
applicant State and its authorities.
2. The present civil application is for stay of judgment and decree
impugned in the Second Appeal.
C/SA/102/2021 ORDER DATED: 24/06/2021
3. The Second Appeal is admitted by an order of even date on the
substantial questions of law mentioned in the order.
4. Rule, returnable on 13.8.2021.
5. In the facts of the case, there shall be stay of impugned judgment
and decree passed by the court of 8 th Additional District Judge, Vadodara
dated 13.8.2008 in Regular Civil Appeal No. 97 of 2018 on condition that
the applicant State deposits the principal amount at this stage before the
trial court concerned. The deposited amount shall be invested in a
cumulative fixed deposit initially for a period of one year and renewable.
(N.V.ANJARIA, J)
C.M. JOSHI
