Gujarat High Court
Balaji Road Carriers vs United Phosphrous Ltd. Through Deputy ... on 31 August, 2018
Author: Anant S. Dave
Bench: Anant S. Dave, A.Y. Kogje
C/FA/688/2017 IA ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION NO. 2 of 2017 IN R/FIRST APPEAL NO. 688 of 2017 M/S. UNITED PHOSPHROUS LTD.
Versus M/S. BALAJI ROAD CARRIERS Appearance:
MR DG SHUKLA for the PETITIONER(s) No. MR HARDIK B SHAH for the RESPONDENT(s) No. CORAM: HONOURABLE MR.JUSTICE ANANT S. DAVE and HONOURABLE MR.JUSTICE A.Y. KOGJE Date : 31/08/2018 IA ORDER (PER : HONOURABLE MR.JUSTICE ANANT S. DAVE) 1 This Court, while admitting the First Appeal and disposing of Civil Application [for stay] No.2089 of 2017 vide orders dated 20.02.2017 directed the opponents M/s. Balaji Road Carriers to comply with the undertaking and to deposit the amount of Rs.25,00,000/ in 3 installments.
2 The applicant - M/s. United Phosphrous Ltd. has filed this application with the following main prayer:
"[B] Your Lordships may be further Page 1 of 5 C/FA/688/2017 IA ORDER pleased to direct the Registry of this Hon'ble Court to pay Rs.25,00,000/ to the Applicant Company forthwith pending the present proceedings;"
3 On 20.02.2017 this Court passed the following order in Civil Application [for stay] No.2089 of 2017 in First Appeal No.688 of 2017:
"1. Heard learned advocates for the parties.
2. Following notarized undertaking is filed by the applicants/original defendants which reads as under:
I, Phoolchand Harcharandas Goyal, Male, Age 59 years, Religion: Hindu, Occupation: Proprietor of M/s. Balaji Road Carriers having address at C/27, Shree Ji Market, Second Floor, Harni Road, Vadodara390 022, do hereby give undertaking to this Honble Court that:
1.I am the proprietor of the appellant firm and I am fully conversant with the facts and circumstances of the Appeal No.688/2017.
2.The Appellants advocate had argued out the appeal on Dt.16/02/2017. Honble Court has given oral direction to Appellant to file undertaking to deposit Rs.25,00,000/ (Twenty Five Lacs Rupees only) to stay the decree.
3.I, Appellant, is ready and willing to deposit Rs.25,00,000/ (Twenty Five Page 2 of 5 C/FA/688/2017 IA ORDER Lacs Rupees only) before this Honble Court.
4.I am earning livelihood from freight charges so appellant pray this Honble Court to allow deposit above amount in three installment as under: Rs.10,00,000/, (ten lacs rupees only) in the February, 2017.
Rs.10,00,000/ (ten lacs rupees only) in the month of March, 2017 Rs.5,00,000/ (five lakh rupees only) in the month of April, 2017 To give breathing time to Appellant.
5.Appellant pray this Honble Court to stay the decree passed trial Court.
3. Mr.D.G.Shukla, learned advocate for the respondent however would contend that filing of this undertaking shall be without prejudice to the rights and contentions of the parties to be raised in the First Appeal.
4. Considering overall facts and circumstances, we deem it just and proper to direct applicants/original defendants to comply with terms and conditions of the undertaking as above, and shall deposit the amount in three installment as stated in para 4 of the undertaking. Any breach of the conditions of the above undertaking shall result into passing appropriate order including vacating stay if required.
5. Accordingly, Civil Application stands disposed of."
4 In view of typographical error crept in the above order and upon filing a note for Page 3 of 5 C/FA/688/2017 IA ORDER speaking to minutes, vide order dated 21.03.2017, the error was corrected. Order dated 21.03.2017 reads as under:
"In the order dated 20.2.2017 passed by this Court in paragraph No.4 wherein it is stated as Considering overall facts and circumstances, we deem it just and proper to direct applicants/original defendants to comply with terms and conditions of the undertaking as above, and shall deposit the amount in three installment as stated in para 4 of the undertaking. Any breach of the conditions of the above undertaking shall result into passing appropriate order including vacating stay if required, it is now to be read as Considering overall facts and circumstances, stay of impugned judgement and decree dated 30.9.2016 passed in Special Civil Suit No.144/2001 is granted and we deem it just and proper to direct applicants/original defendants to comply with terms and conditions of the undertaking as above, and shall deposit the amount in three installment as stated in para 4 of the undertaking. Any breach of the conditions of the above undertaking shall result into passing appropriate order including vacating stay if required.
Similarly in paragraph No.5 wherein it is stated as Civil Application is disposed of, it is now to be read as Civil Application is allowed.
The note for speaking to minutes stands disposed of accordingly."Page 4 of 5
C/FA/688/2017 IA ORDER 5 Since First Appeal is already admitted
and the order passed in the Civil Application required no clarification since the amount of Rs.25,00,000/ is already deposited, appropriate order can be passed by the court taking up First Appeals, as per the roster notified, in due deference to the order passed by Hon'ble the Chef Justice on submission made by the Registry dated 01.12.2017 since one of us [Anant S. Dave, J.] is assigned Arbitration matters in the Second Session of Friday at 2:30 p.m., in fitness of things it is deemed proper that Civil Application along with First Appeal is placed before the Bench taking up First Appeals as per the roster notified. If necessary, order in this regard may be obtained from Hon'ble the Chief Justice.
(ANANT S. DAVE, J) (A.Y. KOGJE, J) P. SUBRAHMANYAM Page 5 of 5