Paschim Gujarat Vij Company ... vs Bawaji Bhagwangar Devgar ...
2021 Latest Caselaw 17532 Guj

     C/AO/207/2018                             IA ORDER DATED: 22/11/2021



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
                              In
             R/APPEAL FROM ORDER NO. 207 of 2018
=====================================================

PASCHIM GUJARAT VIJ COMPANY LIMITED Versus BAWAJI BHAGWANGAR DEVGAR APARNATHI ===================================================== Appearance:

MR DIPAK R DAVE for the PETITIONER(s) No. MAYANK R CHAVDA for the RESPONDENT(s) No. MR RAJENDRA R CHAVDA for the RESPONDENT(s) No. =====================================================

CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 22/11/2021

IA ORDER

1. Heard Ms. Nidhi Trivedi, the learned counsel appearing for Mr. Dipak R. Dave for the applicant and Mr. Mayank R. Chavda, the learned counsel appearing for the respondent.

2. This Court passed the following order on 23.11.2018:

"Order in Appeal from Order Admit.

Order in Civil Application

Learned advocate Mr.D.R. Dave for the applicant states at bar that the applicant has paid/deposited the decretal amount as per the judgment and decree passed by the learned trial Court.

It seems that the learned Appellate Judge has

C/AO/207/2018 IA ORDER DATED: 22/11/2021

remanded the matter on the premise that the respondent - plaintiff can lead or could have led more evidence before the learned trial Court and, therefore, on such ground, the remand order is made which requires consideration.

Rule returnable on 11.01.2019. Meanwhile, relief in terms of para 4(A) is granted."

Since the entire decreetal amount is deposited by the applicant herein with the Court below, the Court below is directed to disburse the said amount in favour of the respondent herein, within a period of 4 weeks from the receipt of this order.

In the meanwhile, the interim relief granted in terms of Para-4(A) is confirmed.

Civil Application stands disposed of.

Let the main matter i.e. Appeal from Order No. 207 of 2018 be listed for hearing on 06.12.2021.

(VAIBHAVI D. NANAVATI,J) Pradhyuman