Paschim Gujarat Vij Co. Ltd vs Gangarambhai Karshanbhai Golani
2025 Latest Caselaw 687 Guj

Gujarat High Court

Paschim Gujarat Vij Co. Ltd vs Gangarambhai Karshanbhai Golani on 8 July, 2025

                                                                                                                 NEUTRAL CITATION




                            C/FA/2247/2012                                     JUDGMENT DATED: 08/07/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                               R/FIRST APPEAL NO. 2247 of 2012


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
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                                   Approved for Reporting                      Yes           No

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                                                PASCHIM GUJARAT VIJ CO. LTD
                                                          Versus
                                             GANGARAMBHAI KARSHANBHAI GOLANI
                      ================================================================
                      Appearance:
                      MR SP HASURKAR(345) for the Appellant(s) No. 1
                      RULE SERVED for the Defendant(s) No. 1
                      ================================================================

                         CORAM:HONOURABLE MR. JUSTICE HEMANT M.
                               PRACHCHHAK

                                                           Date : 08/07/2025

                                                          ORAL JUDGMENT

1. Present appeal is filed by the appellant - Paschim Gujarat Vij Company Limited against the judgment and award dated 22.12.2011 passed by the learned Special Judge, Surendranagar in Regular Civil Suit No. 9 of 2011, whereby, the learned Judge dismissed the suit with cost filed by the appellant for recovery of an amount of Rs.70,456.25p. towards electricity bill which was issued to the respondent pursuant to the power theft committed by the respondent.

2. Heard Mr. S.P. Hasurkar, learned advocate for the

NEUTRAL CITATION

C/FA/2247/2012 JUDGMENT DATED: 08/07/2025

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appellant. Though served, no one appears for the respondent and have also perused the original record and proceedings.

3. Though various grounds have been raised in the memo of appeal, the fact remains that the total amount involved in the appeal is only Rs.70,456.25p., which is less than Rs. 1 Lac. Considering the smallness of amount, this Court deems it fit not to exercise jurisdiction under Section 96 of the Code of Civil Procedure. Accordingly, only on the ground of smallness of amount with a further clarification that this may not be considered as precedent in other matters, the appeal is dismissed. However, there shall be no order as to costs.

4. Record and proceedings, if any, be sent back to the concerned Court forthwith.

(HEMANT M. PRACHCHHAK,J)

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