Gujarat High Court
Ambuja Gining , Pressing And Oil ... vs Vallabhbhai Devjibhai Patel on 8 July, 2022
Bench: Hemant M. Prachchhak
C/FA/203/2016 ORDER DATED: 08/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 203 of 2016
With
CIVIL APPLICATION (FOR ORDERS) NO. 1 of 2016
In
R/FIRST APPEAL NO. 203 of 2016
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AMBUJA GINING , PRESSING AND OIL CO.LTD., & 4 other(s)
Versus
VALLABHBHAI DEVJIBHAI PATEL & 1 other(s)
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Appearance:
MR HENIL M SHAH(10677) for the Appellant(s) No. 1,2,3,4,5
MR ANAND B GOGIA(5849) for the Defendant(s) No. 2
MR BHUNESH C RUPERA(3896) for the Defendant(s) No. 1
MR RB GOGIA(5850) for the Defendant(s) No. 2
MS MUSKAN A GOGIA(6624) for the Defendant(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 08/07/2022
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. This Court on 30.6.2022 passed the following order:-
1. The First Appeal arises from the judgment
and decree passed by the Court of 3rd
Additional Senior Civil Judge, Bhavnagar,
camp at Mahua passed in Special Civil Suit
No. 107 of 2005 dated 23.12.2015 where the
Court decreed the sum of Rs. 44,88,685/- with
18% interest per annum from the date of the
suit till the date of the judgment and further
interest at the rate of 6% from the date of
judgment till realization.
2. After its admission, the Court vide its order
dated 01.02.2016 referred the matter to the
C/FA/203/2016 ORDER DATED: 08/07/2022
Mediation Centre of the High Court by
passing the following order:- "The learned
counsels for the parties, under the
instructions of their respective clients, have
agreed to refer this matter to the Mediation
Centre of the High Court of Gujarat. The
parties shall make themselves available before
the Mediator. The Mediation Centre of the
High Court shall do needful and arrange for
the Mediator, which hopefully complete the
matter on or before 1.3.2015. Thereafter, the
report be placed on record. It goes without
saying that as the Mediation is to commence
between the parties, no specific action to be
taken by the either side. "
3. The parties have arrived at settlement and
the memorandum of understanding has also
been drawn.
4. We have heard learned senior advocate Mr.
Mehul Shah appearing for the appellant and
learned advocate Mr. Bhunesh Rupera
appearing for the respondent - original
plaintiff.
5. The original memorandum of understanding
in Gujarati language is taken on record.
Learned senior advocate Mr. Shah ensures to
produce the English version of this
memorandum of understanding on the next
date of hearing i.e. 08.07.2022. 6. The parties
shall remain present before this Court on the
adjourned date through video conference
noticing the advanced age.
7. We notice that 50% of the amount is
already disbursed in favour of the respondent
- original plaintiff and the remaining 50% is
lying with the trial Court which as per the
memorandum of understanding is to be
retained by the appellant and therefore,
request has been made to allow the amount to
be disbursed in favour of the appellant on or
before 08.07.2022.
C/FA/203/2016 ORDER DATED: 08/07/2022
7.1. The Registry shall ascertain from the trial
Court the total amount which has been
pending along with the interest that may have
been accrued."
2. Today, the parties are present before this Court.
Petitioner Nos. 3, 4 and 5, also have the authority on
behalf of petitioner Nos. 1 and 2. As petitioner No.2, at
present is in Australia, they have entered into
Memorandum of Understanding on 7.5.2022. It has been
decided that both the parties will retain 50% of the total
amount, which has been decreed with the interest that
may have accrued.
3. According to the respondent No.1, he has received a
sum of Rs.64,37,684.50 paisa and as agreed to by and
between the parties, he will continue to retain the same.
The remaining 50% is lying with the Court at Mahuva in
the Fixed Deposits. The bank guarantee tendered by the
respondent, at the time of disbursal in his favour, now no
longer in wake of this compromise be necessary.
Necessary, intimation shall be given to the bank in that
regard while returning the original document of bank
guarantee to the respondent.
C/FA/203/2016 ORDER DATED: 08/07/2022
4. We have heard the learned Senior Advocate Mr. Mehul
Shah with learned advocate Mr. Henil Shah, for the
appellants, learned advocate Mr. Bhunesh Rupera, for the
respondent No.1 and learned advocate Mr. Anand B.
Gogia, for the respondent No.2.
5. We are satisfied from the material which has been
placed before us that the parties have arrived at amicable
settlement voluntarily and without any coercion. We also
are conveyed that as per the terms of the compromise
which have been also partly acted upon, the respondent 1
has already been disbursed 50% of the total sum, as
specified in the earlier paragraph.
6. With the clear understanding of both the sides to retain
50% of the total amount, this compromise has been
arrived at. It is given to understand that the amount lying
with the Court at Mahuva, is in the Fixed Deposit. Within
one (1) week from receipt of certified copy of this order,
let the same be disbursed in the name of the company,
account details of which shall be given by the concerned
C/FA/203/2016 ORDER DATED: 08/07/2022
person. It is clarified that the transfer shall be effected
only by way of R.T.G.S.,
7. As all other aspects are dealt with and nothing
remains, the judgmental and decree passed by the Trial
Court is accordingly modified in terms of Memorandum of
Understanding.
8. With aforesaid directions, present first appeal stands
disposed of accordingly.
ORDER IN CIVIL APPLICATION
In view of the order passed in the main first appeal,
present civil application does not survive and the same
also stands disposed of accordingly.
(SONIA GOKANI, J)
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
