Pachim Gujarat Vij Co. Ltd vs Mayaba Raghujee Jadeja
2025 Latest Caselaw 4967 Guj

Gujarat High Court

Pachim Gujarat Vij Co. Ltd vs Mayaba Raghujee Jadeja on 20 June, 2025

Author: Bhargav D. Karia

Bench: Bhargav D. Karia

                                                                                                              NEUTRAL CITATION




                                C/MCA/943/2025                                 ORDER DATED: 20/06/2025

                                                                                                               undefined




                                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                                            R/MISC. CIVIL APPLICATION NO. 943 of 2025
                                                                In
                                                R/SECOND APPEAL NO. 345 of 2018
                                                               With
                                            R/MISC. CIVIL APPLICATION NO. 978 of 2025
                                                                 In
                                                 R/SECOND APPEAL NO. 42 of 2019
                        ==========================================================
                                                    PACHIM GUJARAT VIJ CO. LTD.
                                                              Versus
                                                  MAYABA RAGHUJEE JADEJA & ORS.
                        ==========================================================
                        Appearance:
                        MR DIPAK R DAVE(1232) for the Applicant(s) No. 1
                        MR. HEMAL SHAH(6960) for the Opponent(s) No. 1,2,3,4,5
                        ==========================================================

                           CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                                                          Date : 20/06/2025
                                                        COMMON ORAL ORDER

1. Heard learned advocate Mr. Dipak Dave for

the applicant and learned advocate

Mr. Hemal Shah for the respondents.

2. This application is filed with the

following prayers:

"(A) This Hon'ble Court may be pleased to review oral judgement dated 07.07.2023 passed by this Hon'ble Court in Second Appeal No. 345 of 2018 and further may be pleased to modify the order by reducing the rate of interest granted by the learned trial Court confirmed

NEUTRAL CITATION

C/MCA/943/2025 ORDER DATED: 20/06/2025

undefined

by the District Court to the extent of 9% instead of 15%;

(B) Any other and/or further relief as may be deemed fit may kindly be granted by this Hon'ble Court in the interest of justice."

3. The only issue raised by learned advocate

Mr. Dave is that the interest awarded @15%

p.a. by the Tribunal is on higher side and

the same ought to have been awarded to 9%

p.a.

4. This Court disposed of both the appeals by

common order observing as under:

"20. In view of the above findings of the fact which are upheld by the Appellate Authority in other two similar cases, no interference is called for in the impugned judgment because on one hand reducing the quantum by applying the minimum wages and modifying the award by accepting the arguments of the claimants of 100% negligence of the Electricity Company, it would not result in any benefit to either side.

NEUTRAL CITATION

C/MCA/943/2025 ORDER DATED: 20/06/2025

undefined

21. Considering the quantum of award which is less than Rs.5 lakhs also, no interference is made in the impugned Judgment and Decree passed by the Trial Court. Therefore the First Appeal, Second Appeals as well as Cross Objections and Civil Applications are accordingly dismissed. No order as to costs."

5. In view of the above findings, no case is

made out for interference considering that

the quantum of award is less than Rs.

5 Lakh and the Tribunal exercised the

discretion of awarding interest @ 15% p.a.

which ideally could have been 9% p.a.

6. Misc. Civil Applications are accordingly

not entertained and are disposed of.

Notice is discharged.

(BHARGAV D. KARIA, J) JYOTI V. JANI