Gujarat High Court
Manor Investment Company Private ... vs Gujarat Vidhut Board, Balasinor (Now As ... on 11 July, 2025
NEUTRAL CITATION
C/SCA/13777/2023 ORDER DATED: 11/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13777 of 2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 13777 of 2023
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 2 of 2025
In R/SPECIAL CIVIL APPLICATION NO. 13777 of 2023
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MANOR INVESTMENT COMPANY PRIVATE LIMITED
Versus
GUJARAT VIDHUT BOARD, BALASINOR (NOW AS MADHYA GUJARAT
VIJ COMPANYLIMITED) & ANR.
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Appearance:
MR YATIN SONI(868) for the Petitioner(s) No. 1
MS MARIYA M DALAL(3957) for the Petitioner(s) No. 1
MS LILU K BHAYA(1705) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 11/07/2025
ORAL ORDER
1. Heard learned senior advocate, Mr. G.M. Joshi, with
learned advocate, Mr. Yatin Soni, appearing for the petitioner
and learned advocate, Mr.Lilu K. Bhaya, appearing for the
respondent.
2. At the outset, learned senior advocate, Mr. Joshi, states
that certain developments have taken place and the orders
passed during the pendency of the writ application, and lastly,
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vide order dated 11th June, 2025 passed by the Executing
Court in Special Darkhast No.3 of 2017, objections raised by
the petitioner against the attachment of the property having
been rejected, and thereafter, an order for the auction of the
attached property was passed. So, the petitioner is desirous to
avail an alternative remedy, which is available to the
petitioner by filing an appeal under Order 21, Rule 58, sub-
rule (4) of the Civil Procedure Code, 1908, (hereinafter referred
to as the CPC).
2.1. Learned senior advocate, Mr. Joshi, would submit that
on an earlier occasion, the petitioner, to show its bona fides,
stating before this Court and filed an undertaking that it will
deposit the principal amount and also interest at the rate of
6% thereon, and today also, the petitioner is ready and willing
to deposit the principal amount, which is available with it,
and such deposit may be considered without prejudice to the
rights and contentions of the respective parties.
2.2. Nonetheless, learned senior advocate, Mr. Joshi, would
further submit that during the pendency of the present
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application, because of the order dated 11th June 2025, an
auction has been fixed by the Executing Court, which is
scheduled today; then, some breathing time may be given to
the petitioner to approach the Appellate Court challenging such
an order, which is an appealable one under the CPC and till
that time, the auction proceedings should be suspended by this
Court on any condition, which is suitable to this Court.
2.3. Further, on instruction from his client, learned senior
advocate, Mr. Joshi, does not invite further reasons on the
legality and validity of the order impugned in the main
petition as well as in the civil applications, as the petitioner
has decided to file an appeal before the Appellate Court.
3. Per contra, learned advocate, Ms.Bhaya, vehemently
submitted that considering the past conduct of the petitioner,
who betrayed its promise by not having come forward with the
amount and not settling the dispute, no leniency should be
shown to the petitioner. Even if the petitioner wants to avail
an alternative remedy by filing an appeal before the Appellate
Court, it may do so without asking for any favour from this
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Court in regard to deposit of the principal amount with the
Executing Court.
3.1. Learned advocate, Ms. Bhaya, would further submit
that as such, there is no merit in the present application, and
the orders, which were passed by the Executing Court, are just
and proper; thereby, this Court may not entertain any request
made by the petitioner.
4. Nonetheless, when it was put to the learned advocate,
Ms.Bhaya, about the maintainability of the appeal, she
responded that such aspect about maintainability be examined
by the Appellate Court.
5. After considering the submissions made by the learned
advocates appearing for the respective parties, prima facie, it
appears that several developments have taken place during the
pendency of the main matter, whereby, an objection having
been filed by the respondent to attach the property of the
judgment debtor - the petitioner, an application was initially
filed on 22nd April, 2025 below Exhibit 64 in the execution
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petition wherein, an order of attachment has been passed by
the Executing Court vide its order dated 3rd May 2025.
6. Subsequently, the application filed below Exhibit 83 by
the respondent on 22nd May, 2025 in execution, thereby
request was made to the Executing Court to sell the property,
which was ordered to be attached.
7. The petitioner appears to have filed its objection against
Exhibit 83 i.e., the attachment and auctioning of the property,
which was decided by the Executing Court vide its order dated
11th June 2025, whereby it has turned down the objection of
the petitioner.
8. Prima facie, such order is an appealable one as per Order
21, Rule 58, sub-rule (4) of the CPC. Now, the petitioner
wants to avail an alternative remedy of filing an appeal against
the last order passed by the Executing Court while turning
down its objection against the attachment and auctioning of
the property, the petitioner is hereby permitted to do so.
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9. At the same time, this Court is not oblivious of the fact
that after the passing of the order on 11th June 2025, initially,
the petitioner filed a civil application before this Court in the
pending matter, wherein it tried to explore the possibility of a
settlement, but ultimately not worked out between the parties,
and this Court would not like to go into its reasons.
10. At the same time, breathing time is required to be
granted to the petitioner to approach the Appellate Court by
filing an appeal and till that time, the auction proceedings
initiated by the Executing Court, which is scheduled today, are
required to be suspended to avoid any multiplicity of
proceedings between the parties and/or third-party rights which
might be created, whereby a third party might unknowingly
land in a situation where, during the pendency of litigation, it
purchased the property of petitioner.
11. This Court was of the opinion and to test the bona fides
of the petitioner and as a condition to be imposed upon the
petitioner to deposit the principal amount, which was agreed
to by the petitioner, but considering the submissions made by
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the respondent, this Court would not like to opt for it. Hence,
the following order is passed.
11.1. The petitioner is permitted to approach the Appellate
Court by filing an appropriate appeal within a period of 15
days from today, challenging the order passed by the Executing
Court, whereby it rejected the objections against the
attachment of its property and the auctioning thereof.
11.2. The process of auction of the property attached by the
Executing Court, as per its order dated 11th June 2025 passed
below Exhibit 83 in Special Darkhast No.3 of 2017, shall
remain under suspension for a period of 15 days from today,
i.e., up to 28th July, 2025.
12. It is made clear that this Court has not expressed any
opinion on the merits of the matter, and the contentions,
which are available to the respective parties, are kept open
and are to be decided by the Appellate Court in the appeal
and/or any other appropriate proceedings, which may be taken
out by the parties before the appropriate court.
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13. In view of the aforesaid, the present petition is disposed
of. The civil application is also disposed of accordingly. No
order as to costs.
(MAULIK J.SHELAT,J)
MOHD MONIS
