Gujarat High Court
M/S.Hindustan Wooden ... vs M/S. Dresser Rand India Private ... on 10 February, 2022
Bench: A.J.Desai
C/FA/4002/2019 ORDER DATED: 10/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO.4002 of 2019
With
R/FIRST APPEAL NO.1972 of 2021
With
CIVIL APPLICATION NO.1 of 2019
IN
R/FIRST APPEAL NO.1972 of 2021
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M/S.HINDUSTAN WOODEN INDUSTRIES,PRO. SHRI LAXMANBHAI
PREMJIBHAI PATEL
Versus
M/S. DRESSER RAND INDIA PRIVATE LIMITED
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Appearance :
First Appeal No.4002 of 2019
SHYAMAL K BHIMANI for the Appellant - Original Plaintiff.
MR. SAHIL M SHAH for the Defendant - Original Defendant.
First Appeal No.1927 of 2021
MR. SAHIL M SHAH for the Appellant - Original Defendant.
SHYAMAL K BHIMANI for the Respondent - Original Plaintiff.
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE MR. JUSTICE ANIRUDDHA P.
MAYEE
Date : 10/02/2022
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A. J. DESAI)
1. First Appeal No.1972 of 2021 is hereby admitted.
Learned advocate Mr. Shyamal K. Bhimani waives service of
admission on behalf of the defendant - original plaintiff. With the
consent of learned advocates appearing for the parties, both the
appeals are taken up for final hearing today itself.
2. First Appeal No.1972 of 2021 has been filed by the
appellant - original defendant under Section 96 of the Code of Civil
Procedure, 1908 challenging the judgment and order dated
C/FA/4002/2019 ORDER DATED: 10/02/2022
19.12.2017 passed by the learned Principal Senior Civil Judge,
Ahmedabad (Rural) at Mirzapur in Special Summary Civil Suit
No.20 of 2015 (hereinafter referred to as 'the learned Trial Court').
By the said judgment, the learned Trial Court has allowed the suit
of the original plaintiff and directed the defendant to pay
Rs.59,50,284.20/- along with 9% interest from the date of filing of
the suit till the payment is made.
3. The short facts arise from the record are as under :-
4. That the Plaintiff filed Special Summary Civil Suit
No.20 of 2015 and prayed for a decree of in all Rs.94,50,284.20/-
(Rs.59,50,284.20/- as principal outstanding amount and
Rs.35,00,000/- towards interest @ 24% p.a. on outstanding dues).
5. Pursuant to the summons issued by the learned Trial
Court, the original defendant did appear before the learned Trial
Court. However, the defendant neither filed written statement nor
leave to defend application in the said suit. Hence, by the
impugned order, the learned Trial Court decreed the suit and the
defendant was directed to pay an amount of Rs.59,50,284.20/-
towards principal amount, however, interest was awarded @ 9%
p.a.
6. Since the original plaintiff had a grievance with regard
to interest awarded by the learned Trial Court @ 9% p.a., the
plaintiff preferred First Appeal No.4002 of 2019 which was
admitted by the coordinate Bench of this Court vide order dated
22.7.2021.
7. Today, Mr. Sahil M. Shah, learned advocate appearing
C/FA/4002/2019 ORDER DATED: 10/02/2022
for the original defendant, under instructions, makes a statement
that subject to the rights and contentions of the defendant, the
defendant is ready and willing to deposit an amount of Rs.40 Lacs
with the learned Trial Court within a reasonable period. He further
states that the defendant shall file his written statement and
produce all the documents with the learned Trial Court within a
period of three months from today. On deposit of the said amount
by the defendant, the suit shall be treated as long cause suit.
However, considering the disputes between the parties, the amount
that may be deposited by the defendant shall be invested in Fixed
Deposit Receipt with the Nationalized Bank. He, therefore, would
submit that appropriate order may be passed.
8. In view of the above statement made by learned
advocate Mr. Sahil M. Shah, First Appeal No.1972 of 2021 stands
allowed. The judgment and order dated 19.12.2017 passed by the
learned Principal Senior Civil Judge, Ahmedabad (Rural) at
Mirzapur in Special Summary Civil Suit No.20 of 2015 is hereby
quashed and set aside. The original defendant shall deposit an
amount of Rs.40 Lacs with the learned Trial Court on or before
11.3.2022. The said deposit will be subject to the rights and
contentions of the defendant in the suit. Further, the defendant is
also permitted to file written statement and shall produce all
relevant documents with the learned Trial Court within a period of
three months from today.
Upon deposit of the said amount, the learned Trial
Court shall invest the said amount in Fixed Deposit Receipt with
the Nationalized Bank, initially for a period of three years and the
same shall be renewed thereafter accordingly. However, the
interest accrued thereon shall not be disbursed in favour of the
C/FA/4002/2019 ORDER DATED: 10/02/2022
original plaintiff.
The original plaintiff is also permitted to file an
appropriate application for withdrawal of the amount that may be
deposited by the plaintiff and such application shall be dealt with
by the learned Trial Court in accordance with law, after giving
opportunity of hearing to the parties to the proceedings. Special
Summary Civil Suit No.20 of 2015 is ordered to be restored to its
original file and the said suit shall be treated as long cause suit.
However, considering the dispute between the parties, it is
expected that the learned Trial Court shall expeditiously deal with
the suit and the parties to the proceedings may cooperate for early
disposal.
9. In view of the above observations, Mr. Shyamal K.
Bhimani, learned advocate appearing for the original plaintiff -
appellant of First Appeal No.4002 of 2019 seeks permission to
withdraw the said appeal. Permission as prayed for is granted.
The appeal stands disposed of as withdrawn.
Registry is directed to communicate the original
plaintiff about the amount of Court Fees required to be deposited
by the original plaintiff as the original plaintiff was exempted to pay
Court Fees by the order of this Court. Such communication shall
be sent by the Registry to the original plaintiff within a period of
two weeks from today and the original plaintiff is directed to pay
the Court Fees within a period of two weeks thereafter.
It is also made clear that withdrawal of First Appeal
No.4002 of 2019 by the original plaintiff will not come in the way of
the original plaintiff about his claim of interest @ 24% p.a. and the
C/FA/4002/2019 ORDER DATED: 10/02/2022
learned Trial Court shall decide the same in accordance with law.
In view of withdrawal of First Appeal, connected civil
application also stands disposed of.
(A. J. DESAI, J)
(ANIRUDDHA P. MAYEE, J.)
SAVARIYA
