Gujarat High Court
Vadodara Mahanagar Seva Sadan vs M S Khurana Engineering Ltd on 17 June, 2022
Bench: Hemant M. Prachchhak
C/FA/4962/2018 ORDER DATED: 17/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4962 of 2018
With
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1 of 2018
In R/FIRST APPEAL NO. 4962 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
In R/FIRST APPEAL NO. 4962 of 2018
With
MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 3 of 2018
In R/FIRST APPEAL NO. 4962 of 2018
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VADODARA MAHANAGAR SEVA SADAN
Versus
M S KHURANA ENGINEERING LTD
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Appearance:
MR NILESH A PANDYA(549) for the Appellant(s) No. 1
MR NIKUNT K RAVAL(5558) for the Defendant(s) No. 1
VIDIT S SHARMA(7365) for the Defendant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MR. JUSTICE HEMANT M.
PRACHCHHAK
Date : 17/06/2022
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. On 29.01.2019, this Court has passed the following
order:-
1. From the record, it has emerged that Vadodara
Mahanagar Seva Sadan has filed First Appeal (Stamp)
No. 27395/2018 against the judgment and order
dated 26.8.2016 in Commercial CMA No. 109/2016.
It appears that the said Appeal came to be filed after
expiry of prescribed limitation. From the record it also
appears that Appeal came to be filed after delay of
almost 649 days.
2. Therefore the Appellant - Vadodara Mahanagar
Seva Sadan filed Civil Application No. 1/2018 (in
C/FA/4962/2018 ORDER DATED: 17/06/2022
F/First Appeal No. 27395 of 2018) with request to
condone the delay of 649 days.
3. The said Civil Application No. 1/2018 (in F/First
Appeal No. 27395/2018) came to be dismissed on the
ground of nonprosecution vide order dated 4.12.2018.
4. Subsequently, the said Appellant filed MCA No.
3/2018 (in F/First Appeal No. 27395/2018) with a
request that the order dated 4.12.2018 may be
recalled and the Appeal (F/First Appeal No.
27395/2018) may be restored to its original status.
5. It has also emerged that vide order dated
6.12.2018, the said MCA 3/2018 came to be allowed.
Consequently, Civil Application No.1/2018 (seeking
condonation of delay) came to be restored.
6. It is a matter of record that after 6.12.2018 i.e.
when this Court passed said order dated 6.12.2018 in
MCA 3/2018, the Civil Application (seeking
condonation of delay) was not listed before the court
and any order granting or refusing condonation of
delay in C.A. No. 1/2018 in F/FA No. 27395/2018
was not passed by the court.
7. Despite this, the Registry has assigned pakka
number to the Appeal (though the delay is not
condoned). Not only this, today, the Registry has even
listed First Appeal along with Application (seeking
stay of the impugned judgment) in today's cause list.
8. This is done by the Registry by ignoring the fact
that delay of 649 days caused in filing the Appeal is
yet not condoned.
9. Under the circumstances, office shall take
necessary corrective steps and do the needful so that
the aforesaid irregularity is rectified and the matter is
placed before the court in proper order."
2. Civil Application is pending seeking condonation of
delay of 649 days in preferring First Appeal. Today the
matter was posted for the said purpose, and this would
not be required to be addressed by the applicant
original appellant.
C/FA/4962/2018 ORDER DATED: 17/06/2022
3. Mr. Nilesh Pandya, learned advocate for the applicant
original applicant Vadodara Mahanagar Seva Sadan,
formerly known as Vadodara Municipal Corporation,
has instructions to not press this application and, in
turn, the appeal also.
4. We are given to understand that the Commercial
Execution Petition No.8 of 2017 has been decided,
where the Court in November, 2018 has already
passed the following order:-
ORDER
The present Application stand allowed and the Original
Claimant is permitted to withdraw the amount lying with
the Nazir, District Court, Vadodara, so deposited by the
Original Respondent, by way of furnishing Bank
Guarantee of Nationalized Bank, to the tune of 50%
amount and remaining 50% amount by way of
furnishing Corporate Bank Guarantee within the period
of 4 Weeks from the date of this Order.
On compliance of the order by the Original Claimant
herein by way of furnishing the Bank Guarantee as well
as Corporate Bank Guarantee, duly authenticated and
supported by the Valuation Report of the property in
question sough to be furnished by way of Bank
Guarantee, as stated hereinabove, the Nazir, District
Cout, Vadodara to release the amount in favour of the
Original Claimant i.e. M/s. Khurana Engineering
Limited.
Copy of this order be sent to the Nazir/Registrar, District
Court, Vadodara for necessary action and compliance."
5. There is an e-mail communicated to Mr. Pandya,
learned advocate for the applicant appellant, which
C/FA/4962/2018 ORDER DATED: 17/06/2022
state that the decree holder has withdrawn the
execution petition in view of the order passed by the
Commercial Court pending the appeal, which is not to
be proceeded with. E-mail communication dated
17.06.2022 is taken on record.
6. Application stands dismissed and disposed of.
7. First Appeal No. 4962 of 2018 stands disposed of as
withdrawn.
8. In view of the orders passed in delay application as
well as the First Appeal, present Civil Application for
stay and Miscellaneous Civil Application for restoration
also stand disposed of accordingly.
(MS. SONIA GOKANI, J. )
(HEMANT M. PRACHCHHAK,J)
SUDHIR
