Lh Of Decd Natvarlal Mohanbhai ... vs Paschim Gujarat Vij Company ...
2023 Latest Caselaw 6036 Guj

                                                                              NEUTRAL CITATION




     C/SCA/14169/2023                           ORDER DATED: 18/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 14169 of 2023

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              LH OF DECD NATVARLAL MOHANBHAI SAVALIYA
                               Versus
                 PASCHIM GUJARAT VIJ COMPANY LIMITED
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Appearance:
MR KAUSAL MODI FOR MR ASHISH M DAGLI(2203) for the Petitioner(s)
No. 1,1.1,1.2,1.3,1.4,2,3
for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                            Date : 18/08/2023

                             ORAL ORDER

1. Heard learned advocate for the petitioners - original

defendants.

2. Challenge in this petition under Article 227 of the

Constitution of India is to the order dated 31.03.2023 passed by

the Principal Judge, Amreli in Civil Misc. Application No.3 of

2022 by which the learned Appellate Court condoned the delay

caused in preferring Regular Civil Appeal against the judgment

and decree dated 31.03.2023 passed by the Civil Court in

Special Civil Suit No.202 of 2002 subject to depositing 50% of

the decreetal amount.

3. Learned advocate for the petitioners has submitted that the

NEUTRAL CITATION

C/SCA/14169/2023 ORDER DATED: 18/08/2023

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petitioners - defendants are ready and willing to deposit

Rs.2,00,000/-, and therefore, considering the peculiar facts and

circumstances of present case, the order impugned under this

petition may be modified to that extent.

4. Having considered the peculiar facts and circumstances of

the present case, when the petitioners-defendants shown their

bonafide to deposit Rs.2 lacs without prejudice to their rights

and contentions, the impugned order dated 31.03.2023 is

modified to the extent that, the petitioners-defendants shall

deposit lump sump amount of Rs.2 lacs within a period of 7 days

from the date of receipt of this order before the Appellate Court,

Amreli. The condition to deposit 50% amount with accrued

interest stands deleted.

5. Accordingly, present petition is disposed of in the above

terms.

(ILESH J. VORA,J) Rakesh