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CRA/1238/1999 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
REVISION APPLICATION No. 1238 of 1999
For
Approval and Signature:
HONOURABLE
MR.JUSTICE MD SHAH
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
PRANAV
RAMESH SHAH - Applicant(s)
Versus
SHASHI
KUMAR MOHATA - Opponent(s)
=========================================
Appearance :
MR
MB GANDHI for
Applicant(s) : 1,
MR MUKUND M DESAI for Opponent(s) : 1,
MR HL
LANGHNOJIA for Opponent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 08/09/2010
ORAL
JUDGMENT
1. Though
this Matter is called out twice, learned Advocate for the respondent
is not present.
2. This
Revision Application is filed against the order dated 02.04.1999
passed by the learned City Civil Court, Ahmedabad in Summary Civil
Suit No.1576 of 1997 whereby the learned Trial Court has passed the
order ‘leave to defend is granted subject to condition that the
defendant should deposit sum of Rs.50,000/- in the Court within six
weeks.’
3. Respondent
herein original plaintiff filed Summary Civil Suit No.1576 of
1997 against appellant herein original defendant before the
learned City Civil Court, Ahmedabad for recovery of an amount of
Rs.97,000/-. Against the claim of the original plaintiff, the
appellant herein original defendant filed leave to defend
application and contended that matter was referred to Arbitrator and
Arbitrator has given award and he has made full payment towards the
award. After hearing both the sides, learned Trial Court passed an
order dated 02.04.1999 ‘leave to defend is granted subject to
condition that the defendant should deposit sum of Rs.50,000/- in the
Court within six weeks’. Hence, present appellant original
defendant has preferred present Revision Application against the said
order.
4. Mr.Chinmay
Gandhi, leaned Advocate appearing for the appellant has invited
attention of this Court to Annexure-A,E, and F and has fairly stated
that unfortunately these documents were not produced before the Trial
Court in the leave to defend application. This Court has perused
these documents. On considering these documents, it appears that
prima facie there is some substance.
5. In
view of above, if impugned order is modified to extent that ‘leave to
defend is granted subject to condition that the appellant herein
original defendant should deposit sum of Rs.20,000/- in the Trial
Court within a period of 6(six) weeks’, the same will meet the ends
of justice.
6. For
the reasons stated above, order dated 02.04.1999 passed by the
learned City Civil Court, Ahmedabad in Summary Civil Suit No.1576 of
1997 is modified to the extent that ‘leave to defend is granted
subject to condition that the appellant herein original defendant
should deposit sum of Rs.20,000/- (Rupees Twenty Thousand only) in
the Trial Court within a period of 6(six) weeks from today’. On
deposit of such amount, the learned Trial Court shall invest the same
in any Nationalized Bank initially for a period of 3(three) years.
Learned City Civil Court, Ahmedabad is directed to decide and dispose
of the Summary Civil Suit No.1576 of 1997 as early as possible as the
Suit is of the year 1997.
Rule
is made absolute to the aforesaid extent.
[M.D.Shah,
J.]
satish
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