Phoolchand Harcharandas Goyal vs M/S. Upl Limited
2023 Latest Caselaw 2801 Guj

     C/FA/688/2017                               ORDER DATED: 06/04/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/FIRST APPEAL NO. 688 of 2017
                                With
           CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2017
                                 In
                    R/FIRST APPEAL NO. 688 of 2017
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           PHOOLCHAND HARCHARANDAS GOYAL & 1 other(s)
                            Versus
                       M/S. UPL LIMITED
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Appearance:
DELETED for the Appellant(s) No. 2
MR.HARDIK B SHAH(3751) for the Appellant(s) No. 1
MR DG SHUKLA(1998) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
       and
       HONOURABLE MR. JUSTICE D. A. JOSHI

                         Date : 06/04/2023
                          ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. At the outset, learned advocates appearing for the respective parties have tendered consent terms dated 6.4.2023. The same is ordered to be taken on record. It is submitted that present First Appeal may be disposed of in view of consent terms.

2. Pursuant to order dated 20.2.2017 passed by coordinate Bench of this Court, an amount of Rs.25 Lacs is deposited before the registry of this Court and the same has been invested in Fixed Deposit. The consent terms are as under:-

"3. The Appellants and Respondent Company after protracted negotiations have arrived at an amicable settlement on the following terms and conditions:-

(a) The Civil Court, Ankleshwar has passed Judgment and Decree dated 16.05.2021 in Regular Civil Appeal

C/FA/688/2017 ORDER DATED: 06/04/2023

No.2 of 2016 directing the Respondent Company to pay Rs.8.36 lakhs alongwith 9% simple interest. The Appellants agree to accept Rs.8.36 lakhs in full and final settlement of their claim against the Repsondent Company and forgoes their claim for 9% simple interest.

(b) The Parties request the Hon'ble Court to deduct Rs.8.36 lakhs from Rs.25,00,000/- deposited before this Hon'ble Court and the balance amount of Rs.16,64,000/- alongwith accrued interest on Rs.25,00,000/- be paid to the Respondent Company by Account Payee Cheque in the name of 'UPL Limited' at the earliest. The amount of Rs.8.36 lakhs be paid by Account Payee Cheque to Mr.Phoolchand H. Goyal-Appellant No.1, at the earliest."

3. Accordingly, present First Appeal is disposed of along with Civil Application. The parties shall abide by the consent terms and, the amount, as mentioned in the consent terms, more particularly, in paragraph 3 (a) and (b) shall be paid.

4. In view of aforesaid consent terms, judgment and decree dated 30.9.2016 passed by learned Additional Senior Civil Judge, Ankleshwar, in Special Civil Suit No.144 of 2001 is modified. Registry shall issue fresh decree accordingly. Registry is also directed to refund the Court fees to the appellant as per the Rules.

(A. S. SUPEHIA, J)

(D. A. JOSHI,J) R.S. MALEK