Gujarat High Court
Uttar Gujarat Vij Company Ltd vs Thakor Artiben Wd/O Khumaji Jugaji ... on 22 September, 2025
NEUTRAL CITATION
C/CA/4127/2025 ORDER DATED: 22/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4127 of
2025
In R/SECOND APPEAL NO. 406 of 2025
With
R/SECOND APPEAL NO. 406 of 2025
With
CIVIL APPLICATION (FOR STAY) NO. 3 of 2025
In R/SECOND APPEAL NO. 406 of 2025
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UTTAR GUJARAT VIJ COMPANY LTD
Versus
THAKOR ARTIBEN WD/O KHUMAJI JUGAJI THAKOR & ORS.
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Appearance:
MR CHINMAY M GANDHI(3979) for the Applicant(s) No. 1
MS RUMI M GANDHI(3472) for the Applicant(s) No. 1
NOTICE NOT RECD BACK for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR.JUSTICE SANJEEV
J.THAKER
Date : 22/09/2025
ORAL ORDER
ORDER IN CIVIL APPLICATION FOR DELAY:-
1. A notice was issued by this Court vide order dated
07.08.2025 on the Civil application for Condonation of Delay
in preferring the Second Appeal.
2. In view of the fact that urgency has been shown due to
the order passed by the learned Executing Court in the
Execution Application No.01 of 2025 on 19.09.2025, this
NEUTRAL CITATION
C/CA/4127/2025 ORDER DATED: 22/09/2025
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Court is of the opinion that if the matter is not taken up for
hearing today, serious prejudice will be caused to the
appellant in view of the order that has been passed by the
learned Executing court. In view of the same, the delay of 04
days is hereby condoned.
ORDER IN SECOND APPEAL:-
1. The present Second Appeal is filed against the judgment
and decree passed by the learned Appellate Court in Regular
Civil Appeal No.4 of 2021 dated 23.12.2024 whereby the
judgment and decree passed by the learned trial court in
Regular Civil Suit No.236 of 2017 (Old no.325 of 2015) dated
06.11.2017 is set aside.
2. Learned advocate for the applicant has drawn attention
of this Court to the order dated 19.09.2025, passed below
Exh.1 in the Execution Application No.01 of 2025 by the
learned Principal Civil Judge, Detroj, Ahmedabad and submits
that the learned Court below has directed the Nazir of Civil
Court, Detroj to release the amount deposited by the
judgment debtor to the decree holder upon proper application
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C/CA/4127/2025 ORDER DATED: 22/09/2025
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being made by the decree holder.
3. He further submits that the learned Executing Court has
passed an order that no proof of filing of an appeal before the
Hon'ble High Court nor any stay order of Hon'ble High Court
has been placed on record before the Executing Court, but in
the first paragraph of order itself indicates that the judgment
debtor has produced registration slip of the High Court.
4. Learned advocate further submits that the judgment
debtor has deposited entire amount to the tune of
Rs.12,62,153/- by way of Demand Draft, bearing No.17677,
on 24.06.2025, before the Court below, therefore, it was
argued by the learned advocate that the amount deposited by
the applicant under protest before the Court below shall not
be permitted to be withdrawn by the opponents till the second
appeal is decided by the Hon'ble High Court.
5. In the present case if the judgment under challenge is
considered, the appellate court has not taken into considered
the evidence, which was filed before the court and has not
decided the issues as per order 41 Rule 31 of the CPC and
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C/CA/4127/2025 ORDER DATED: 22/09/2025
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therefore, it is requested to admit the second appeal and stay
the order passed by the court below.
6. Having heard learned advocate for the appellant and
having considered the judgment and decree passed by the
learned appellate court, the matter requires consideration.
Hence, the present Second Appeal is Admitted on the
following substantial questions of law.
"(a) That when there is no evidence showing
negligent act on the part of defendant, whether the
electricity company can be held to be negligent and
whether the electricity company is liable for payment
of compensation thereof and can the Court pass
decree on the principle of Rule of Strict liability?
(b) When the plaintiff has neither entered into the
witness box for examination in chief nor filed any
affidavit in lieu thereof and thereby not provided an
opportunity for the defendant to cross-examine and
also failed to prove the panchnama of the place of the
incident, still however whether the learned District
NEUTRAL CITATION
C/CA/4127/2025 ORDER DATED: 22/09/2025
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Court hold the defendant negligent and award
compensation in favour of the plaintiffs?
(c) Whether the learned District Court has erred in
not framing proper issues regarding the allegations
levelled by defendant?
(d) That when admittedly, there is no allegation
regarding negligence on the part of the appellant
company, can it be fastened with the liability of
paying the compensation?
(e) Whether the learned trial court is right in
granting enhanced amount of compensation in favour
of respondents herein in the appeal filed by the
present appellant, that too without there being any
proof regarding the age, vocation and income of the
deceased.
ORDER IN CIVIL APPLICATION (FOR STAY):-
1. Heard learned advocate for the applicant.
NEUTRAL CITATION
C/CA/4127/2025 ORDER DATED: 22/09/2025
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2. Learned advocate for the applicant - original appellant
has produced copy of the pursis dated 02.07.2025, which is
filed in Execution Application No.1 of 2025 showing the
details regarding payment of amount of Rs.12,62,153/- by
way of Demand Draft, bearing No.17677, on 24.06.2025,
which taken on record.
3. Having heard learned advocate for the applicant and
having considered the fact that the appellant ha already
deposited the amount of Rs.12,62,153/- in Execution
Application No.1 of 2025 through demand draft so also having
considered the fact that the main Secon Appeal is admitted,
interim relief in terms of Para14(C) is stayed, till the next date
of hearing of the main appeal.
List the main matter on 30.09.2025.
Direct service is permitted.
(SANJEEV J.THAKER,J)
A. B. VAGHELA
