Gujarat High Court
Ravjibhai Mavjibhai vs Shantaben Mavjibhai Vachhani on 12 June, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/MCA/404/2024 ORDER DATED: 12/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR RECALL) NO. 404 of 2024
In R/SECOND APPEAL NO. 261 of 2017
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RAVJIBHAI MAVJIBHAI & ORS.
Versus
SHANTABEN MAVJIBHAI VACHHANI
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Appearance:
DR. SHAILESH R. PATEL(6044) for the Applicant(s) No. 1,2,3,4,5,6,7,8
VIRAL K SHAH(5210) for the Applicant(s) No. 1,2,3,4,5,6,7,8
MR AMAR D MITHANI(484) for the Opponent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 12/06/2024
ORAL ORDER
1. The present application is filed with the prayer to
recall the order dated 25.01.2024 whereby this Court
vacated the ad - interim relief granted on 13.09.2017.
2. Learned advocate Mr.Viral Shah has referred to
the judgment of the Honourable Supreme Court in case
of Vishnu Agarwal vs. State of Uttar Pradesh reported
in 2011 (14) SCC 813 and in case of Asit Kumar Kar
vs. State of West Bengal reported in 2009 (1) SCC 541
to submit that the recall order should not alter or
review the judgment except to correct a clerical or
NEUTRAL CITATION
C/MCA/404/2024 ORDER DATED: 12/06/2024
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arithmetical error.
3. While countering the argument, learned advocate
Mr.Mithani submitted that the ratio which has been
laid down in the case of Raghavendra Swamy Mutt vs.
Utaradi Mutt reported in 2016 (11) SCC 235 has been
referred to in the case of Bhagyashree Anant Gaonkar
vs. Narendra alias Nagesh Bharma Hokar and another
reported in 2023 SCC Online SC 1236 to submit that
the view has been reiterated that no interim relief can
be granted without formulation of substantial questions
of Law. Thus, Mr.Mithani, learned advocate submitted
that the order passed by this Court vacating interim
relief is just and legal as such order would tantamount
to erroneous order which would run even without
admission of the Second Appeal. Mr.Mithani, learned
advocate further submitted that the order dated
25.01.2024 is the rectification of the mistake by
vacating the order of interim relief and in the
judgment referred to above in case of Bhagyashree
Anant Gaonkar vs. Narendra alias Nagesh Bharma
Hokar and another (supra), the approach of vacating
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C/MCA/404/2024 ORDER DATED: 12/06/2024
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the interim relief order adopted by the High Court is
found to be correct.
4. In view of the submissions raised and earlier order
of this Court dated 25.01.2024 of vacating the order of
interim relief which was granted without formulation
of any substantial question of Law and admission of
the Second Appeal being blatantly illegal, thus in view
of Bhagyashree Anant Gaonkar vs. Narendra alias
Nagesh Bharma Hokar and another (supra), there is no
reason to entertain the present application for recalling
of the impugned order dated 25.01.2024.
5. For the above reasons and observations, the
present application stands rejected.
(GITA GOPI,J)
MISHRA AMIT V.
