Jyoti Ltd Through Secretary Sureshbhai ... vs Navinbhai Cables Pvt Ltd
2025 Latest Caselaw 930 Guj

Gujarat High Court

Jyoti Ltd Through Secretary Sureshbhai ... vs Navinbhai Cables Pvt Ltd on 15 July, 2025

Author: Sangeeta K. Vishen

Bench: Sangeeta K. Vishen

                                                                                                               NEUTRAL CITATION




                               C/FA/1166/2013                                 ORDER DATED: 15/07/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                                  R/FIRST APPEAL NO. 1166 of 2013

                        ==========================================================
                             JYOTI LTD THROUGH SECRETARY SURESHBHAI DURGAPRASAD
                                                    SINGHAL
                                                      Versus
                                         NAVINBHAI CABLES PVT LTD & ORS.
                        ==========================================================
                        Appearance:
                        M/S TRIVEDI & GUPTA(949) for the Appellant(s) No. 1
                        HASURKAR ASSOCIATES(6872) for the Defendant(s) No. 2
                        MR BH BHAGAT(153) for the Defendant(s) No. 4
                        MR KV SHELAT(834) for the Defendant(s) No. 1
                        RULE SERVED for the Defendant(s) No. 3
                        ==========================================================

                          CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
                                and
                                HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

                                                          Date : 15/07/2025

                                                   ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. Mr.B.H.Bhagat, learned advocate for the defendant no.4, while inviting the attention of this Court to the judgment under challenge, submitted that the suit was filed seeking restraint order against the letter of credit. In fact, the suit was not maintainable for, the letters of credit were already discounted somewhere in the month of July-2001 and August-2001, whereas the suit was filed in the month of December-2001. Precisely, for this reason, the suit was dismissed having been rendered infructuous. The learned Judge, has also considered the evidence on record and and concluded that no relief can be extended in view of the two letters of credits having already

NEUTRAL CITATION

C/FA/1166/2013 ORDER DATED: 15/07/2025

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been discounted and credited in the account of defendant no.1-company.

2. It is, therefore, submitted that the First Appeal, has been rendered infructuous which aspect, is not disputed by Ms.Aishwarya Reddy, learned advocate appearing with Ms.Nancy Soni, learned advocate for the M/s. Trivedi and Gupta Advocates. Mr.Bhadresh Damor, learned advocate for Mr.K.V.Shelat, learned advocate for the defendant no.1, adopts the stand taken by Mr.B.H.Bhagat, learned advocate for the defendant no.4 and has urged to pass the order disposing of the appeal.

3. In view of the above, the captioned appeal, is disposed of, as having been rendered infructuous. No order as to costs.

(SANGEETA K. VISHEN,J)

(MOOL CHAND TYAGI, J) GIRISH