Gujarat High Court
Vipulbhai Rasikbhai Patel vs M/S. Chanchal Hospitality Llp ... on 26 March, 2021
Bench: Bhargav D. Karia
C/AO/99/2020 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR EXTENSION OF TIME) NO. 1 of 2021
In R/APPEAL FROM ORDER NO. 99 of 2020
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M/S. CHANCHAL HOSPITALITY LLP (THE INDIAN CHANNEL)
Versus
VIPULBHAI RASIKBHAI PATEL
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Appearance:
MR PERCY KAVINA, SENIOR ADVOCATE WITH MR .D K.PUJ for the
PETITIONER(s) No.
MR BHARGAV BHATT WITH MR RUTVIJ S OZA for the RESPONDENT(s)
No.
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CORAM: HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 26/03/2021
IA ORDER
Heard learned Senior Advocate Mr. Percy
Kavina assisted by learned advocate Mr. D.K. Puj
for the applicant and learned Advocate
Mr.Bhargav Bhatt assisted by learned advocate
Mr. Rutvij Oza for the respondents through video
conference.
By this application, the original
respondentsdefendants have prayed as under :
"(A) This Hon'ble Court may be pleased to admit
and allow the present Application.
(B) This Hon'ble Court may further be pleased to
extend the time to 31.5.2021 from 31.3.2021 to
deposit the amount as directed in Para 19 (ii)
of the CAV Judgment dated 5.3.2021 passed in
C/AO/99/2020 IA ORDER
Appeal from Order No.99 of 2020.
(C) During the pendency of the present
Application, this Hon'ble Court may kindly
extend the time to 31.5.2021 from 31.3.2021 to
deposit the amount as directed in Para 19 (ii)
of the CAV Judgment dated 5.3.2021 passed in
Appeal from Order No.99 of 2020.
(D) Any other and further relief which this
Hon'ble Court deems fit may kindly be granted."
Learned Senior Advocate Mr. Percy Kavina
stated under instructions from learned advocate
Mr. D.K.Puj and instructions from the applicants
that that a sum of Rs. 20,00,000/ is deposited
on 25.3.2021 and further amount as directed by
this Court in the judgment and order dated
5.3.2021 shall be deposited as under :
Sr No Date Amount/Arrears Rent
1 25.3.2021 20,00,000/ Paid
2 15.4.2021 15,00,000/ 6,00,000/
3 30.4.2021 15,00,000/
4 15.5.2021 15,00,000/ 6,00,000/
5 31.5.2021 22,00,000/
87,00,000/ 12,00,000
Learned advocate Mr. Puj also undertakes to
file an affidavit of the authorised person on
behalf of all the respondents in Appeal From
Order No.99/2020 on or before 30.3.2021 in this
proceeding to abide by the aforesaid Schedule of
deposit of amount before the trial Court.
C/AO/99/2020 IA ORDER
Learned advocate Mr. Bhargav Bhatt for the
respondents submitted that if the Court is
inclined to extend the time to deposit the
amount as directed in the judgment and order
dated 5.3.2021, time to complete the trial of
Special Civil Suit No.486/2019 together with
Special Civil Suit No.148/2018 may also be
extended upto 30th September, 2021.
Having considered the above submissions and
taking into consideration the averments made in
the application, more particularly, in paragraph
no.3 thereof, the time limit granted by this
Court in paragraph no.19 is extended upto 31st
May, 2021 and accordingly, time granted to the
applicants to deposit Rs. 6,00,000/ per month
from February 2019 till final disposal of the
Suit is continued and the arrears from February
2019 to March, 2021 shall be deposited on or
before 31st May, 2021 as per the above Schedule
of payment which is also to be provided in the
affidavit to be filed by the applicants as
stated at bar by learned Senior Advocate Mr.
Percy Kavina.
The respondents shall continue to deposit
Rs. 6,00,000/ per month on or before 7th of each
succeeding month from April 2021.
The direction given to the trial Court to
C/AO/99/2020 IA ORDER
conclude the hearing latest by 30th June 2021 is
substituted with that of the trial Court shall
try to conclude the hearing latest by 30th
September, 2021.
With the aforesaid directions and
modifications in the order dated 5.3.2021, this
application is disposed of.
(BHARGAV D. KARIA, J)
RAGHUNATH R NAIR
