Gujarat High Court
State Of Gujarat Through Executive ... vs Continental Construction on 16 September, 2013
Author: Jayant Patel
Bench: Jayant Patel
STATE OF GUJARAT THROUGH EXECUTIVE ENGINEER....Appellant(s)V/SCONTINENTAL CONSTRUCTION LTD C/FA/3651/2008 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL NO. 3651 of 2008 ================================================================ STATE OF GUJARAT THROUGH EXECUTIVE ENGINEER....Appellant(s) Versus CONTINENTAL CONSTRUCTION LTD & 5....Defendant(s) ================================================================ Appearance: MR DHAWAN JAYSWAL, AGP for the Appellant(s) No. 1 MR KG SUKHWANI, ADVOCATE for the Defendant(s) No. 1 RULE SERVED for the Defendant(s) No. 2 - 6 ================================================================ CORAM: HONOURABLE MR.JUSTICE JAYANT PATEL and HONOURABLE MR.JUSTICE Z.K.SAIYED Date : 16/09/2013 ORAL ORDER
(PER : HONOURABLE MR.JUSTICE JAYANT PATEL) The present appeal is directed against the order dated 13.3.2008 passed by the learned Judge of the City Civil Court below Ex.1 in Civil Suit No.1993 of 2007, whereby Interpleader suit of the appellant came to be dismissed.
We have heard Mr.Dhawan Jayswal, learned AGP for the appellant and Mr.K.G.Sukhwani, learned counsel for the respondent.
It appears that the basis of the suit filed by the appellant before the lower Court was that as per the award, the appellant had to pay Rs.3,53,20,514/-. The appellant did not challenge the award, but they wanted to make the payment pursuant to the award. However, as there was dispute as brought to the notice of the appellant amongst the Directors of the Company, the Interpleader suit was filed seeking prayer that the appropriate order be passed about the entitlement of the defendant to receive the payment on 4.5.2002 in Arbitration No.II. The learned Judge of the trial Court found that there is no dispute about the claim of the Company even if there was dispute amongst the Directors of the Company and, therefore, dismissed the Suit.
When the matter is taken up for hearing learned counsel appearing for both the sides have brought to our notice that pending the appeal execution proceedings were filed based on the award in Execution Petition No.66 of 2008 and in the said execution proceeding the appellant had deposited the amount of Rs.3,53,20,514/- which has been permitted to be withdrawn vide order dated 3.7.2008 passed by the Executing Court. The copy of the order as well as Cheque No.968920 issued by the Court in favour of the Company viz. M/s.Continantal Construction Ltd., dated 5.7.2008 are placed on record.
The aforesaid shows that the appellant was liable to pay the amount to the Company and the payment was deposited and is paid to the Company after 5.7.2008. Thereafter, till today no dispute is raised by any of the Directors in the present proceedings. Hence, we find that the appeal can be said to have become infructuous, in view of the aforesaid development of the matter.
The present appeal is disposed of accordingly. Considering the facts and circumstances, no order as to costs.
(JAYANT PATEL, J.) (Z.K.SAIYED, J.) KKS Page 3 of 3