Purnimaben Prafulbhai Bhalakia vs Om Neelkanth Chemicals ...
2021 Latest Caselaw 15662 Guj

     C/FA/426/2002                                       ORDER DATED: 05/10/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 426 of 2002

                                 With
            CIVIL APPLICATION (FOR ORDERS) NO. 4 of 2003
                   In R/FIRST APPEAL NO. 426 of 2002
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            PURNIMABEN PRAFULBHAI BHALAKIA & 1 other(s)
                            Versus
             OM NEELKANTH CHEMICALS (INDIA)PVT.LTD.
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Appearance:
MR HM PARIKH(574) for the Appellant(s) No. 1,2
MR BHUPENDRA N SHAH(1185) for the Defendant(s) No. 1
MR TV SHAH(808) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
       and
       HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                Date : 05/10/2021

                                  ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. This First Appeal is at the instance of the original defendants nos.1/1 and 1/2 respectively of the Summary Civil Suit No.2871 of 1986 instituted by the respondents herein (original plaintiff) for recovery of money. The Summary Civil Suit referred to above came to be allowed. The operative part of the order reads thus:-

"This suit is allowed.

The defendants nos. 1/1 and ½ are hereby ordered to pay to the plaintiff Rs.1,13,463/- with running interest at the rate of 18% per annum on the principal amount of Rs.84,278/- from the date of the suit till the date of realization along with costs of this suit, failing which the plaintiff do recover the same from the properties of the deceased- defendant Shri Prafulbhai A. Bhalakia which have come to their hands i.e. to the hands of the defendants nos.1/1 and ½."

C/FA/426/2002 ORDER DATED: 05/10/2021

2. The present appeal came to be filed against the aforesaid judgment and decree passed by the City Civil Court at Ahmedabad. During the pendency of the present appeal, the parties have been able to arrive at an amicable settlement. The settlement purshis has been tendered duly signed by the parties. The settlement purshis is ordered to be taken on record and the same shall be kept with the record of this case.

3. In view of the aforesaid, Mr. Parikh, the learned counsel appearing for the appellant, has instructions from his client not to press this appeal any further and withdraw the same.

4. The First Appeal is accordingly disposed of as not pressed. The Civil Application also stands disposed of.

5. The parties are directed to abide by the terms of the settlement purshis.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J) VARSHA DESAI