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MCA/2595/2010 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2595 of 2010
In
SPECIAL
CIVIL APPLICATION No. 8381 of
2010
=========================================================
SOHINDAR
PAL SINGH S/O SARDAR ARJUNSINGH - Applicant(s)
Versus
SWATI
ENTERPRISE - Opponent(s)
=========================================================
Appearance :
MR
SK PATEL for
Applicant(s) : 1,
MR AC GANDHI for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 07/10/2010
ORAL ORDER
Rule.
Mr. Tejas Satta, learned advocate, on behalf of Mr. A.C.Gandhi,
learned advocate for the opponent, waives service of notice of rule
for opponent. With consent of the learned advocates appearing for the
respective parties, the application is taken up for hearing and
decision today.
Heard
the learned advocates appearing for the respective parties.
By
virtue of order dated 09.09.2010, by which the petition was disposed
of with certain directions, the petitioner present applicant was
required to file an undertaking before the Court. It appears that
the petitioner applicant did not or could not file the
undertaking within the time limit prescribed by the Court. Therefore,
present application has been moved with a request to extend the time
limit for filing the undertaking, as per the Court’s direction. A
copy of the original undertaking is annexed to present application.
As
such, considering the facts of the case, the first reaction of the
Court was not to grant such extension, however, Mr. S.K.Patel,
learned advocate for the petitioner applicant, submitted that in
the interregnum i.e. between the date of the order till today, a full
and final amicable settlement between the parties has been arrived at
by virtue of which the petitioner applicant has made the payment
of entire agreed amount and nothing remains due and payable now. Mr.
Satta, learned advocate for Mr. Gandhi, learned advocate for the
opponent respondent has confirmed the said factual aspect. He
also admits that full and final amicable settlement between the
parties has been arrived at and amount as agreed between the parties
towards full and final settlement, has been paid by the applicant
plaintiff to the opponent respondent and that therefore, the
dispute does not survive.
Mr.
S.K.Patel, learned advocate for the applicant petitioner, has
submitted that though the settlement has been arrived at and the
dispute is resolved, it is for compliance of the Court’s order dated
09.09.2010 that an undertaking is required to be filed and therefore,
the same was sought to be submitted in the registry, however, since
it was submitted after the time limit prescribed by the Court, the
registry did not accept the same which necessitated present
application.
A
xerox copy of the application regarding factum of settlement is
placed on record.
Having
regard to the statement of the learned advocate for the applicant
about full and final settlement, which is confirmed by the learned
advocate for the opponent, the request made in para 5(A) of present
application is granted.
Rule
is made absolute to the aforesaid extent. No order as to costs.
Registry
is directed to accept the undertaking and treat it as part of the
record of S.C.A.No.8381 of 2010.
[K.M.Thaker,
J.]
kdc
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