Tristar Retail Concepts Pvt Ltd vs Ranjan Mitra
2021 Latest Caselaw 15156 Guj

       C/FA/1524/2020                              ORDER DATED: 27/09/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/FIRST APPEAL NO. 1524 of 2020

                                   With
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                     In R/FIRST APPEAL NO. 1524 of 2020
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                        TRISTAR RETAIL CONCEPTS PVT LTD
                                     Versus
                                 RANJAN MITRA
==========================================================
Appearance:
H N SEVAK(7580) for the Appellant(s) No. 1
MR BHARGAV HASURKAR(5640) for the Appellant(s) No. 1
MR P P MAJMUDAR(5284) for the Defendant(s) No. 1,2
SHASHVATA U SHUKLA(8069) for the Defendant(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
       and
       HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                        Date : 27/09/2021
                     COMMON ORAL ORDER

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

ORDER IN FIRST APPEAL:-

Mr. Bhargav Hasurkar and Mr. H.N. Sevak, the learned counsel appearing for the appellant [original defendant] are not present when the matter is taken up for hearing. Mr. Sarvaswa Chhajer, the learned counsel has appeared on behalf of the respondents - original plaintiffs.

ADMIT.

ORDER IN CIVIL APPLICATION:-

1. Rule returnable on 22.11.2021.

C/FA/1524/2020 ORDER DATED: 27/09/2021

2. We take notice of the fact that this appeal is against the money decree. The operative part of the order reads thus:-

ORDER  The suit of the plaintiff is partially allowed.  The plaintiffs is entitled to recover an amount of Rs.7,40,000/- towards rent arrears, Rs.2,77,500/- toward breach of clause 20(c) of agreement and Rs.1,00,000/- towards damages. Hence, in total the plaintiff is entitled to recover total Rs.11,17,500/- (Rupee Eleven Lakh seventeen Thousand Five Hundred Only) from the defendant alongwith simple interest @ 9% p.a. from the date of the suit till realization of entire decreetal amount.

3. The impugned judgment and decree shall remain stayed from its operation on the condition that the appellant - judgment debtor deposits the entire decreetal amount of Rs.11,17,500/- [ Rupees Eleven Lac Seventeen Thousand Five Hundred Only) with interest at the rate of 9% within a period of eight weeks from today, failing which, the interim relief granted shall stand automatically vacated and it shall be open for the respondents [original plaintiffs] to go for execution of the decree.

4. If the appellant deposits the entire amount with the Registry of this Court, then it shall be open for the respondents [original plaintiffs] to prefer an appropriate application for disbursement of the some of the amount.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J) A. B. VAGHELA