Gujarat High Court
Saraswati Construction Company vs Mehul Geo Projects Llp on 25 June, 2025
NEUTRAL CITATION
C/SCA/19671/2023 ORDER DATED: 25/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19671 of 2023
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SARASWATI CONSTRUCTION COMPANY & ORS.
Versus
MEHUL GEO PROJECTS LLP
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Appearance:
MR DEEPAK P SANCHELA(2696) for the Petitioner(s) No. 1,2,3,4,5
MR B S PATEL, SENIOR ADVOCATE with
MR CHIRAG B PATEL(3679) for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 25/06/2025
ORAL ORDER
1. This petition is filed seeking to quash and set aside the
judgment dated 24.08.2023 (Annexure - P1, Page No. 50)
whereby the learned Additional District Judge, Gandhidham
Kachchh rejected the restoration application preferred by the
petitioners
2. Heard learned advocate Mr. Deepak Sanchela for the
petitioners and learned Senior Advocate Mr. B. S. Patel assisted
by learned advocate Mr. Chirag Patel for respondent.
3. Learned advocate Mr. Deepak Sanchela for the petitioners
submitted that before learned Additional District Judge,
Gandhidham Kachchh, the petitioners had challenged the
Arbitration award dated 12.01.2007, wherein the claim of the
applicant (respondent herein) was partly allowed. Learned
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C/SCA/19671/2023 ORDER DATED: 25/06/2025
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advocate for the petitioners submitted that aggrieved by the
award dated 12.01.2007 the petitioners preferred appeal and
the same has been dismissed for want of prosecution. Pursuant
to the same the petitioners preferred Civil Miscellaneous
Application No. 25 of 2022 on the ground that the petitioners
could not proceed with the matter since one of the partners at
that time was not well and underwent medical treatment.
Further, Covid-19 pandemic was also there from 2019 to 2021.
Learned advocate for the petitioners upon instructions made a
statement on behalf of the petitioners that they would co-
operate with the proceedings, if the matter is restored to its
original file.
4. Learned Senior Advocate Mr. B. S. Patel assisted by
learned advocate Mr. Chirag Patel for respondent submitted
that so far as merits of the award, the respondent (original
claimant) has a good case. However, despite having award in
his favour, till date no payment is made by the present
petition (original defendent). Learned Senior Advocate
submitted that if the matter is restored the same would cause
prejudice on account of non-cooperation by the petitioners,
which happened in past. Learned Senior Advocate submitted
that therefore this petition does not deserve consideration.
5. Considered the submissions and the documents filed along
with the Civil Application seeking early hearing of this
petition. It is noticed that one of the partners of firm has
medical history and he had to undergo extensive treatment at
the relevant time. Further, the situation of Covid-19 pandemic
from the year 2019 to 2021 cannot be ignored. Considering the
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C/SCA/19671/2023 ORDER DATED: 25/06/2025
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assurance given on behalf of petitioner that the petitioner
would appear on the day of hearing to proceed with the
matter and would not seek any adjournment in the
proceedings, this Court deems it appropriate to pass the
following order.
5.1 The order dated 24.08.2023 is hereby quashed and set
aside.
5.2 Civil Miscellaneous Application No. 03 of 2012 is restored
to the file of learned Additional District Judge, Gandhidham
Kachchh.
5.3 As assured before this Court by learned advocate for the
petitioner, the petitioner would co-operate with the
proceedings pending by not seeking adjournments.
5.4 For the negligence on account of the petitioner, this
Court deems it appropriate to impose costs of Rs.15,000/- to
be paid by the petitioner to Gujarat State Legal Services
Authority within a period of 15 days from the date of receipt
of this order.
6. At this stage, learned Senior Advocate Mr. B. S. Patel
requested that the proceedings may be directed to be
completed within a stipulated time.
7. Noticing that considerable time has been lapsed despite
the award passed in the year 2011, it is expected that the
proceedings shall be completed as expeditiously as possible not
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C/SCA/19671/2023 ORDER DATED: 25/06/2025
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beyond the period of 8 months.
8. This Court has not gone into the merits of the matter
and all the rights and contentions of the parties are kept open.
9. This order is passed in facts and circumstances of the
present case keeping in mind the medical condition of the
petitioner.
10. With the above directions, present petition is disposed of.
(MAUNA M. BHATT,J)
SHRIJIT PILLAI
