Gujarat High Court
C H Robinson Worldwide Freight India Pvt ... vs Techno Industries Limited on 31 January, 2017
Author: S.H.Vora
Bench: S.H.Vora
C/SCA/2957/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2957 of 2014
With
SPECIAL CIVIL APPLICATION NO. 2960 of 2014
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C H ROBINSON WORLDWIDE FREIGHT INDIA PVT LTD....Petitioner(s)
Versus
TECHNO INDUSTRIES LIMITED....Respondent(s)
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Appearance:
MR SK BAGGA, ADVOCATE for the Petitioner(s) No. 1
MR. HARMISH K SHAH, ADVOCATE for the Petitioner(s) No. 1
MR RUTVIJ M BHATT, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.H.VORA
Date : 31/01/2017
ORAL ORDER
1. By way of the present petitions under Article 227 of the Constitution of India, the petitioner challenges the order dated 01.01.2014 passed by the learned Judge, Court No.14, City Civil Court, Ahmedabad in Civil Misc. Application Nos.434 of 2013 and 331 of 2013.
2. Pursuant to the order dated 19.03.2014 passed by this Court, the learned Chamber Judge, City Civil Court, Ahmedabad decided leave to defend application below Exh.13 and passed following order on 28.03.2014:-
"1. This case is came up before this Court for hearing of summons for judgment and leave to defend to meet with the directions issued by the Hon'ble Gujarat High Court in oral order dated 19.03.2014 in SCA No.2957 of 2014 by which the Hon'ble Gujarat High Court has Page 1 of 5 HC-NIC Page 1 of 5 Created On Sun Aug 13 06:42:22 IST 2017 C/SCA/2957/2014 ORDER directed this Court to decide the leave to defend on or before 03.04.2014.
2. When the matter was listed before this Court, leave to defend Exh.13 was already on record, thereafter plaintiff has filed summons for judgment at Exh.22.
3. Past events, which are relevant to decide the present summons for judgment and leave to defend are briefly narrated as under:
(1) The plaintiff herein has filed the summary suit under the provisions of Order XXXVII, Rule 2 of the Civil Procedure Code, to get the decree of outstanding amount of Rs.11,02,171/- together with the interest from the defendant from the date of filing of the suit till realization.
(2) According to plaintiff summons were duly served to the defendant and at that time no one came forward to resist the claim of the plaintiff, therefore, plaintiff has filed the application at Exh.8 seeking ex-
parte decree as per Order-XXXVII, Rule-2(3) of the Civil Procedure Code.
(3) Application of the plaintiff at Exh.8 was allowed by the then Chamber Judge, City Civil Court, on 27.02.2013, and decreed the suit and directed the defendant to pay the sumo fRs.11,02,171/- together with the interest at the rate of 9% per annum from the date of filing of the suit till the date of decree by passing order below Exh.1 and accordingly suit was disposed off.
(4) The plaintiff herein has preferred Execution petition No.132/2013 before the City Civil Court, Ahmedabad, for executing the decree passed in present Civil Suit and when the process of the said Execution Petition was served and attachment was sought on the property of the defendant, it came into the knowledge of the defendant that for so called outstanding amount of Rs.11,02,171/-, the plaintiff was filed Civil Suit No.2623/2012 and the same has been decreed by the Court in absence of the defendant.
(5) Therefore, defendant came up before this Court and filed CMA No.331/2013 under Order-XXXVII, Rule Page 2 of 5 HC-NIC Page 2 of 5 Created On Sun Aug 13 06:42:22 IST 2017 C/SCA/2957/2014 ORDER 4 of the Civil Procedure Code, for getting the relief of setting aside the ex-parte decree.
(6) After hearing both the parties to the dispute, in CMA No.331/2013, the then Judge of Court No.14, City Civil Court, found special circumstances run in favour of the present defendant and accordingly passed the judgment in CMA No.331/2013 by which learned Judge had set aside the decree passed in present suit and also restored the present suit on file and also set aside the proceedings of Execution Petition No.132/2013.
(7) At the time of passing the judgment in CMA No.331/2013, the then Judge of City Civil Court No.14, had directed the present defendant to file leave to defend within four weeks from the date of receipt of certified copy of the order.
(8) It is the judgment of CMA No.331/2013 has been put to the challenge before the Hon'ble Gujarat High Court by present plaintiff by filing the SCA No.2957/2014, wherein the Hon'ble Gujarat High Court has passed directions, out of which one of them was to decide the leave to defend on or before 03.04.2014 and therefore parties as well as summons for judgment and leave to defend are before this Court.
(9) After issuance of the said directions by the Hon'ble Gujarat High Court, the plaintiff herein has filed the summons for judgment.
(10) Meanwhile, it also appears that during the Execution proceedings, the plaintiff has obtained decreetal amount plus interest thereon totaling Rs.11,36,196/-.
4. Heard the learned advocate Mr.S.K. Bagga for the plaintiff and learned advocate Mr.D.V. Shah for learned advocate Mr.R.M. Bhatt for the defendant as well as Mr.J.P. Shah, the authorized person of defendant.
5. After proceed to make submissions on merits of the case to some extent, learned advocate Shri S.K. Bagga for the plaintiff at bar showed ready and willingness to redeposit the decretal amount plus interest totaling Rs.11,36,196/- before the Court and also in express terms submitted that on condition to Page 3 of 5 HC-NIC Page 3 of 5 Created On Sun Aug 13 06:42:22 IST 2017 C/SCA/2957/2014 ORDER keep said amount as deposit till final disposal of suit, if leave to defend the suit is granted to defendant, plaintiff has no objection.
6. Learned advocate Shri D.V. Shah for the defendant and Shri J.P. Shah, authorized person of defendant have agreed with the submission of Shri S.K. Bagga for thep l and requested the Court to pass an order investing the said amount in fixed deposit in any nationalized bank in the name of Nazir/Registrar of City Civil Court, till final disposal of the suit.
7. Learned advocate Mr.S.K. Bagga for the plaintiff has requested this Court to grant 15 days time for redeposit of the said amount of Rs.11,36,196/- , for which other side has expressly submitted no objection.
8. In view of the above development during the hearing of the summons for judgment and leave to defend this Court passes following order:-
Order
1. Plaintiff is directed to redeposit the amount of Rs.11,36,196/- in this Court within 15 days from today.
2. The office is directed to invest the said amount in fixed deposit in any nationalized bank in the name of Registrar/Nazir initially for a year and thereafter it shall be renewed from time to time with accrued interest thereon. Neither party is entitled to withdraw the said amount without express order of this Court.
3. The defendant is given leave to defend the suit who shall file written statement within next 45 days from today, failing which leave to defend shall be considered as written statement of the defendant.
4. On joint request of both the parties, final hearing of the suit is hereby expedited and for further order it be placed before the Hon'ble Principal Judge, City Civil Court, Ahmedabad, after completion of the pleadings.
5. Summons for judgment and leave to defend are disposed of accordingly."
3. It is stated at bar that none of the parties have Page 4 of 5 HC-NIC Page 4 of 5 Created On Sun Aug 13 06:42:22 IST 2017 C/SCA/2957/2014 ORDER challenged the above order and thus, it has attained finality.
4. In view of the above situation, present petitions would become infructuous and do not require to carry any further since, now, the entire controversy is at large before the learned trial Court.
5. Under the circumstances, the learned trial Judge is directed to decide Summary Civil Suit No.2623 of 2012 as expeditiously as possible preferably within 18 months from the date of receipt of copy of this order. It is clarified that this Court has not examined merits of the case and the learned trial Judge shall decide the suit on merits in accordance with law on the basis of the evidence that may be adduced by the parties to the suit.
6. Accordingly, present petitions stand disposed of.
(S.H.VORA, J.) Hitesh Page 5 of 5 HC-NIC Page 5 of 5 Created On Sun Aug 13 06:42:22 IST 2017