Gujarat High Court
M/S. J.J. Silver, A Sole Proprietary ... vs Manishkumar Uttamlala Shah on 24 June, 2025
NEUTRAL CITATION
C/SCA/9621/2023 ORDER DATED: 24/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9621 of 2023
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M/S. J.J. SILVER, A SOLE PROPRIETARY CONCERN OF PARESHBHAI
DHIRAJLAL CHANDE
Versus
MANISHKUMAR UTTAMLALA SHAH
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Appearance:
MR KUNJAL D PANDYA(2259) for the Petitioner(s) No. 1
MR UMANG K CHOKSI(2587) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 24/06/2025
ORAL ORDER
1. Rule returnable forthwith. Learned advocate Mr.Umang K.
Choksi waives service of Rule on behalf of respondent.
2. Heard learned advocate Mr. Kunjal D. Pandya for the
petitioner and learned advocate Mr.Umang K. Choksi for the
respondent.
3. The present writ application is filed under Article 227 of
the Constitution of India seeking following relief:-
"a) Hon'ble court be pleased to admit and allow this petition.
b) Hon'ble court be pleased to quash and set aside the order
dated:28.4.2023 passed below Summons for Judgment Exh-10
and 11 and application for leave to defend Ex-13 in Summary Suit
No:809 of 2021 passed by City Civil Court, Ahmedabad at
Annexure-A.
c) Pending hearing and final disposal of the present petition, this
NEUTRAL CITATION
C/SCA/9621/2023 ORDER DATED: 24/06/2025
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Hon'ble court be pleased to stay execution, operation and
implementation of order dated:28.4.2023 passed below Summons
for Judgment Exh-10 and 11 and application for leave to defend
Ex-13 in Summary Suit No:809 of 2021 passed by City Civil Court,
Ahmedabad at Annexure-A.
d) Such other and further relief be granted."
4. At the outset, it is required to be noticed that as per the
order dated 13th June, 2023 passed by this Court, the
petitioner has deposited a sum of Rs.15,00,000/- with the Trial
court without prejudice to his rights and contentions, and on
such deposit, stay in terms of para 9(c) of the present writ
application was granted.
5. It is reported to this Court that aforesaid condition has
been fulfilled by petitioner, who happens to be defendants of
the Summary Suit No.809 of 2021 pending before City Civil
Court, Ahmedabad.
6. Learned advocates appearing for the respective parties are
at consensus ad idem on the issue that such amount, which is
deposited by defendants may be treated as a condition to
defend the suit and accordingly, this matter may be disposed
of with a direction to the Trial Court to invest such amount in
cumulative FDR till disposal of the suit and the suit may be
NEUTRAL CITATION
C/SCA/9621/2023 ORDER DATED: 24/06/2025
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tried in accordance with law.
7. Having gone through the impugned order, the order
passed by this Court as well as there is consensus ad idem, so
I pass following order:-
7.1. The impugned order dated 28th April, 2023 passed by
Chamber Judge, City Civil Court No.24, Ahmedabad below
Exh.10 and 11 and application for leave to defend below
Exh.13 in Summary Suit no.809 of 2021 is hereby modified to
the extent that deposit of Rs.15,00,000/- by defendant would
be treated as a condition to defend the summary suit in
question.
7.2. The Trial Court is hereby directed to invest
Rs.15,00,000/- in FDR deposited by defendants, if so far not
invested. Such FDR initially be made for the period of 3 years,
which may be renewed from time to time till final disposal of
the suit in question.
7.3. FDR be in the name of Nazir of the Court in
Cumulative FDR in any nationalized bank and such FDR will
be kept with Nazir till disposal of the suit or any order passed
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C/SCA/9621/2023 ORDER DATED: 24/06/2025
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by Trial Court as the case may be.
7.4. The Defendants is permitted to file its written
statement in accordance with law.
7.5. Once, hearing will be over, after framing of issues, if
parties to the proceeding requests to the Trial Court for
expeditious adjudication of suit in question, the Trial court is
hereby requested to consider such request and expedite the suit
proceeding.
7.6. If parties to the suit extend their cooperation and
support for expeditious trial of suit, the Trial Court may
accordingly decide the suit as expeditiously as possible.
8. With the aforesaid observation and direction, the present
writ application is partly allowed. Rule is made absolute to the
aforesaid extent. No order as to costs.
(MAULIK J.SHELAT,J)
MOHD MONIS
