Gujarat High Court Case Information System
Print
AO/57/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
APPEAL
FROM ORDER No. 57 of 2009
With
CIVIL
APPLICATION No. 1038 of 2009
=========================================================
LMP
PRECISION ENGINEERING CO. PVT. LTD - Appellant(s)
Versus
THE
OFFICIAL LIQUIDATOR, GUJARAT SMALL INDUSTRIES & 3 - Respondent(s)
=========================================================
Appearance :
MR
DAKSHESH MEHTA for
Appellant(s) : 1,
MR PV HATHI for Respondent(s) : 1,
NOTICE
SERVED for Respondent(s) : 2, 4,
MS VAIBHAVI K PARIKH for
Respondent(s) : 2,
None for Respondent(s) : 3,
MR UTPAL M
PANCHAL for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 24/01/2011
ORAL
ORDER
1. By
way of this appeal, the appellant has prayed to quash and set aside
the order passed by the learned City Civil Court in Civil Misc.
Application No. 19 of 2008 filed in Summary Suit No. 5412 of 1990
dated 15.02.2007, whereby the said application was rejected.
2. The
learned counsel for the parties state that the principal amount is
question is already paid by the appellant and the only question which
is now required to be considered is with respect to the rate of
interest. At this stage the learned counsel for the appellant state
that the rate of interest awarded by the trial Court is on higher
side and requested this Court to award 6% interest on the principal
amount in question. On the other hand learned counsel for respondent
no. 1 state that appropriate orders may be passed keeping in mind the
interest of both the parties.
3. Heard
learned counsel for the respective parties and perused the documents
on record. Considering the facts of the case, and considering the
rate of interest prevailing as on today, I am of the opinion that
ends of justice would be served by passing the following order.
4.
The appellant is now directed to pay interest at the rate of 7.5%
from the date of the filing of the suit. The appellant shall pay the
amount of interest within a period of six months from today. It is,
however, observed that the amount deposited by the appellant before
the Court concerned, the same shall be allowed to be withdrawn and
that the same shall be given credit against the amount due.
5. With
the above directions, the appeal stands disposed of. Notice is
discharged. No order as to costs.
[K.S.
JHAVERI, J.]
ORDER
IN CIVIL APPLICATION
In
view of the order passed in the main matter, this application will
not survive and the same stands disposed of accordingly. Notice is
discharged. Interim relief, if any, stands vacated.
[K.S.
JHAVERI, J.]
/phalguni/
Top