Bhadresh Kanubhai Desai vs Dakshin Gujarat Vij Company Limited
2025 Latest Caselaw 6272 Guj

Citation : 2025 Latest Caselaw 6272 Guj
Judgement Date : 3 September, 2025

Gujarat High Court

Bhadresh Kanubhai Desai vs Dakshin Gujarat Vij Company Limited on 3 September, 2025

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                           C/SCA/18501/2011                                      ORDER DATED: 03/09/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                   R/SPECIAL CIVIL APPLICATION NO. 18501 of 2011

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                                                BHADRESH KANUBHAI DESAI
                                                               Versus
                                       DAKSHIN GUJARAT VIJ COMPANY LIMITED
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                     Appearance:
                     UDIT N VYAS(9255) for the Petitioner(s) No. 1
                     MR SP HASURKAR(345) for the Respondent(s) No. 1
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                       CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                        Date : 03/09/2025

                                                          ORAL ORDER

1. Heard learned Advocate Mr. Udit N. Vyas for the petitioner

and learned Advocate Mr. S.P. Hasurkar for the respondent.

2. The present writ application is filed under Article 227 of the

Constitution of India, seeking the following reliefs:

"A) This petition may kindly be admitted;

B) This Hon'ble Court may be pleased to issue a writ of or in the nature of, Certiorari or any other appropriate writ, order or direction quashing and setting aside the judgment, order and decree dated 20-

10-2011 passed by Learned Additional District Judge, Narmada in Regular Civil Appeal No. 32 of 2011 Annexure "A" and be further pleased to allow the said Regular Civil Appeal No.32 of 2011 in terms of prayers made in paragraph no.5(1) to 5(2) of memo of the said appeal;

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C) Pending admission, disposal and final hearing of the present petition, this Hon'ble Court may be pleased to stay the operation, implementation, effect and execution of the judgment, order and decree dated 28-5-2001 passed by Learned Civil Judge (S.D), Bharuch in Special Civil Suit No.168 of 1997 Annexure "C" and be further pleased to stay further proceedings of Special Execution Petition No. 1 of 2010 filed by the respondent against the petitioner in the court of Principal Senior Civil Judge, Narmada;

D) Ad interim relief in terms of afore-said clause may kindly be granted;

E) Such other(s) and further relief(s) which this Hon'ble Court may deem fit to be granted in the interest of Justice."

3. During the pendency of the present matter and as per the

order passed by this Court at given point of time, the

petitioner herein has deposited a sum of Rs.5,00,000/- with

the Trial Court and the same was ordered to be invested in

Fixed Deposit. It is reported that the present value of such

Fixed Deposit is approximately Rs.9,05,534/-, which is lying

with the Executing Court concerned. The parties to the

proceedings have tried to settle the dispute inter se. It is

happy to note that due to persuasion of the learned

Advocates for the respective parties, the respective parties

have agreed and accordingly settled the matter on the

following terms:

(i). The respondent herein, who happens to be a decree

holder, will accept the amount of Rs.5,00,000/- plus

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accrued interest on such amount till its actual

realization, while encashing the F.D.R.

(ii). The petitioner herein, who was the judgment debtor,

having deposited partial decretal amount of

Rs.5,00,000/- and as on date, with interest it accrued to

Rs.9,05,534/-, has no objection if such amount will be

received by the respondent as full and final settlement

and due satisfaction of the decree passed by the Trial

Court.

(iii). The parties have mutually agreed that the aforesaid

amount accrued in the F.D.R. lying with the Executing

Court shall be received by the respondent-decree

holder as full and final satisfaction of the judgment and

decree dated 28.05.2001, passed by the 7th Joint Civil

Judge (Senior Division), Bharuch, in Special Civil Suit

No. 168 of 1997.

(iv). The respondent further agreed that the execution so

filed by it in pursuance to the aforesaid decree will be

withdrawn once such amount lying in the F.D.R. is

received.

4. Considering the aforesaid facts and circumstances and as

there is an amicable settlement between the parties, this

Court would accept such recourse adopted by the parties and

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accordingly order as under:

5. The petitioner and respondent shall abide by what is agreed

and referred to hereinabove in true letter and spirit, the

respondent is hereby permitted to withdraw an amount of

Rs.9,05,534/- or any amount actually accrued and lying in the

F.D.R. with the Executing Court, pursuance to the deposit