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FA/4190/2009 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 4190 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE JAYANT PATEL
HONOURABLE
MR.JUSTICE R.M.CHHAYA
=========================================================
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 ?
=========================================================
ATUL
LIMITED - Appellant(s)
Versus
TIPCO
INDUSTRIES LIMITED - Defendant(s)
=========================================================
Appearance
:
PARTY-IN-PERSON
for
Appellant(s) : 1,
MR KG SUKHWANI for Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 01/07/2011
ORAL
JUDGMENT
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The present appeal arises against
the judgement and order dated 29.7.2009 passed by the learned Judge,
City Civil Court in Civil Misc. Application No.909 of 2007, whereby
the award passed by the Arbitral Tribunal is set aside..
Mr.J.N. Desai, Manager (Secretary
and Legal), on behalf of the appellant is present as well as on
behalf of the respondent, Mr.K.G.Sukhwani, learned Counsel appears.
Both the sides delare before the Court that the matter is settled
outside the Court and as per the settlement, the amount of Rs.50 lac
as per the schedule of the payment is to be paid by the respondent
to the appellant.
On behalf of the respondent, it
has been further undertaken that the cheques will be honoured on the
due dates and shall not be bounced. It has been further stated on
behalf of the respondent that they will have no claim against the
appellant.
The said settlement is placed on
record.
The aforesaid shows that the
parties have agreed to accept the amount namely; the appellant has
agreed to accept the amount of Rs.50 lac as full and final
settlement against the award of the Arbitrator of Rs.92,57,534/-
with interest at the rate of 10% per annum. Mr.Sukhwani, learned
Counsel for the respondent and Mr.Desai for the appellant prayed
that the appeal be disposed of in terms of the aforesaid settlement.
Mr.Sukhwani,
learned Counsel has handed over all the cheques as per the schedule
– Annexure-A and Mr.Desai on behalf of the appellant has
confirmed the said position.
Hence, the following orders:-
(a) The
judgement and order passed by the trial Court shall stand modified
in terms of the settlement dated 30.6.2011, copy whereof is produced
today. Both the sides shall abide by the terms of the settlement.
The
appeal shall stand disposed of accordingly.
(Jayant Patel, J.)
(R. M. Chhaya, J.)
vinod
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