Kapurchand Fulchand Shah And Bros vs Riddhi Siddhi Traders Huf Throu ...
2023 Latest Caselaw 7058 Guj

                                                                               NEUTRAL CITATION




       C/SCA/7881/2022                           ORDER DATED: 25/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 7881 of 2022
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               KAPURCHAND FULCHAND SHAH AND BROS
                               Versus
       RIDDHI SIDDHI TRADERS HUF THROU ITS KARTA NITINKUMAR
           DHIRAJLAL SHAH(SINCE DECD.) THROU HIS L HEIRS
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Appearance:
MR NIRAV C THAKKAR(2206) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1
MR.AMIT R JOSHI(6682) for the Respondent(s) No. 1.1,1.2,1.3
P B VELANI(7465) for the Respondent(s) No. 1.1,1.2,1.3
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     CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                             Date : 25/09/2023

                              ORAL ORDER

1. The Petitioners challenges the order passed below Exh. 48 filed in Special Summary Suit No. 3 of 2017 pending before the Court of learned Principal Senior Civil Judge, Patan whereby, the application for leave to defend has been denied inter alia on the ground that the defendants have filed the application after the prescribed time period of limitation.

2. On factual front, it can be noted that M/s. Riddhi Siddhi Traders, HUF firm has filed the Special Summary Suit No. 3 of 2017 under Order 37 of the Civil Procedure Code (for short "CPC") seeking relief to recover Rs.24,05,640/- from the defendants in their suit. The plaintiff filed the summons for judgement for observing the provision of Order 37 of CPC. Pursuant to that, the summons for judgment an application was filed at Exh. 48 by the present

NEUTRAL CITATION

C/SCA/7881/2022 ORDER DATED: 25/09/2023

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petitioners who is defendants in the suit for permitting them to file the written statement. The Second Additional Sr.Civil Judge, Patan was pleased to disallowed this application. Hence, this petition.

3. Having argued to some extent the broad consensus arrived between both the parties that if leave to defend is granted to the present petitioners on depositing around 20% of the principal amount of Rs. 14,54,890/- i.e. Rs.3,00,000/- before the Court below within a period of 4 weeks from the date of receipt of this order and the petitioners be given the right to defend the suit.

4. Pursuant to the broad consensus arrived at between the parties, the petitioners are permitted to deposit Rs.3,00,000/- (Rupees Three Lacs ) before the Court below within a period of four weeks from the date of writ of this order. Consequently, the impugned order dated 15.3.2022 passed below Exh.48 in Special Summary Suit No. 3 of 2017 is hereby quashed and set aside. The Petitioners are permitted to file the written statement which shall be filed within 30 days from deposit of the amount ordered hereinabove. The suit is converted into long cause suit and considering the controversy between the parties, it is expected from the learned trial Court that the suit shall be decided and disposed of within a period of 15 months from the date of receipt of this order. If the petitioners are failed to deposit the said amount as stated hereinabove, this petition is treated as dismissed.

                                                                            NEUTRAL CITATION




     C/SCA/7881/2022                         ORDER DATED: 25/09/2023

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5. The amount deposited by the petitioners shall be invested in the FDR in the name of Nazir of the trial court in any nationalized bank initially for a period of one year and shall be renewed from time to time with accrued interest. The release of FDR shall be subject to final outcome of the suit.

(J. C. DOSHI,J) BEENA SHAH