Gujarat High Court
Prabhudan Chendan Gadhvi vs Sanghi Industries Limited on 7 April, 2022
Bench: Samir J. Dave
C/FA/556/2010 ORDER DATED: 07/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 556 of 2010
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PRABHUDAN CHENDAN GADHVI
Versus
SANGHI INDUSTRIES LIMITED
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Appearance:
MR TUSHAR CHAUDHARY(5316) for the Appellant(s) No. 1
MR. LAUKIT PANT FOR NANAVATI ASSOCIATES(1375) for the
Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 07/04/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
The present First Appeal was directed against judgment and decree
dated 31.1.2009 passed by learned 3rd Additional Senior Civil Judge,
Bhuj-Kutchchh in Special Civil Suit No. 89 of 1996. It was a suit filed
for defamation and compensation in that regard in respect of news item
published in the local daily "Kutchchh Mitra" pertaining to the
respondent company. The court below partially allowed the suit
directing the appellant herein to to pay Rs. 5,00,001/- with 6% interest.
2. The appeal was admitted by the court as per order dated 13.4.2020.
3. Today, when the appeal comes up for consideration, it is
accompanied with office note dated 4.4.2022 which inter alia annexes
copy of letter dated 30.3.2022 by the learned advocate for the respondent
company placing on record the terms of the settlement arrived at between
C/FA/556/2010 ORDER DATED: 07/04/2022
the parties. The settlement deed was taken on record which was done
pursuant to order dated 15.2.2022 whereby the court required the parties
to file necessary note and place on record the settlement.
3.1 The settlement terms dated 29.3.2022 bears the signatures of
learned advocates for the respective parties as well as the appellant
Prabhudan Chendan Gadhvi and one Gaurang J. Bhatt introducing him as
the authorised signatories of the opponent company.
4. Learned advocate Mr. Tushar Chaudhary appearing for the
appellant and learned advocate Mr. Laukit Pant appearing for Nanavati
Associate for the respondent Company confirmed about the settlement
having been arrived at between the parties and stated that parties as well
as the respective advocates appearing for the parties have signed the
consent terms and they are notarised before the competent authority.
4.1 The settlement terms in its relevant paragrahs read as under,
"4. The appellant has tendered unconditional apology to the
Respondent Company for the defamatory statements made by him and
has also filed an Undertaking dated 2.7.2019 before this Hon'ble Court
stating that he will not engage into any defamatory or any other criminal
activities of any nature against the Respondent Company herein and also
undertakes not to engage into activities which is contrary to the
provisions of law of the land. Coy of the said undertaking is attached
herewith and marked as Annexure-A.
5. In view of the unconditional apology tendered by the Appellant
and the said Undertaking, the Respondent Company has no objection to
quashing and setting aside the Judgment and Decree dated 31.01.2009
passed by 3rd Additional Senior Civil Judge, Bhuj in Special Civil Suit
No. 89 of 1996.
6. The parties in the aforementioned manner have settled the
dispute."
C/FA/556/2010 ORDER DATED: 07/04/2022
5. In view of the above settlement, judgment and decree dated
31.1.2009 passed by learned 3rd Additional Senior Civil Judge, Bhuj-
Kutchchh in Special Civil Suit No. 89 of 1996 stands set aside to stand
substituted by the settlement arrived at between the parties. The parties
shall act in accordance with the settlement, as stated by them.
6. While admitting the appeal on 13.4.2020, order was passed in Civil
Application No. 2567 of 2020 reading as under,
"Heard the learned counsel for the parties.
Execution of the judgment and decree dated 31.1.2009 passed by the
learned 3rd Additional Senior Civil Judge, Kutch at Bhuj in Special
Civil Suit No,.89 of 1996, shall remain stayed provided that the
applicant gives solvent security for the purposes of payment of decreetal
amount, if ultimately the appeal fails, and, in addition, deposit a sum of
Rs. 1 lac in the court below within a period of six weeks. The Court will,
in turn, deposit the amount in a nationalized Bank in cumulative Fixed
Deposit scheme for recurring period pending disposal of the Appeal.
With the aforesaid observations and directions, Civil Application is
disposed of."
6.1 The appellant has deposited an amount of rupees one lakh before
the court and the amount stands invested with the nationalised bank as
reflected in order and as stated by learned advocates for the parties.
6.2 Since the main appeal is disposed of as above in light of the
settlement, the amount of rupees one lakh deposited by the appellant shall
be returned to the appellant by the Registry after following the necessary
procedure including verification of the identity of the appellant-recipient.
The solvent surety which may have been given by the appellant pursuant
to the aforesaid order, stands discharged.
C/FA/556/2010 ORDER DATED: 07/04/2022
7. The First Appeal and the civil application both, stands disposed of
in the above terms.
(N.V.ANJARIA, J)
(SAMIR J. DAVE,J)
C.M. JOSHI
