Gujarat High Court
Bhuj Nagarpalika vs Shree Narayan Enterprise And India Elec ... on 21 January, 2019
Author: B.N. Karia
Bench: B.N. Karia
C/SA/24/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SECOND APPEAL NO. 24 of 2019
With
CIVIL APPLICATION NO. 1 of 2019
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BHUJ NAGARPALIKA
Versus
SHREE NARAYAN ENTERPRISE AND INDIA ELEC COMPANY BHUJ AND
SUKHPAR
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Appearance:
MR BY MANKAD(440) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 1,2,3,4
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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 21/01/2019
ORAL ORDER
ORDER IN APPEAL:
Leave to amend.
Being aggrieved by and dissatisfied with the judgment and decree passed by the learned Additional District Judge, Bhuj-Kachchh on 10th October 2018 in Regular Civil Appeal No. 13 of 2013 confirming the judgment and decree passed in Special Civil Suit No. 41 of 2008 passed by the learned Principal Senior Civil Judge, Bhuj-Kachchh on 04.05.2013 directing to pay Rs. 18,685/- with simple interest @ 8% p.a., the present appellant, who was the original defendant before Page 1 of 3 C/SA/24/2019 ORDER the trial Court, has preferred this appeal.
Heard learned advocate Mr. B. Y. Mankad for the appellant.
Following substantial questions of law are framed.
"(A) Whether on the facts and the circumstances of this case, the suit for payment of outstanding amount is maintainable when the formalities under mandatory provision S. 116 to S. 121 of the Gujarat Panchayat Act are not complied with.
(B) Whether the debt is a legally enforceable debt when it is incurred without following the mandatory provisions of S. 116 to 121 of the Gujarat Panchayat Act. (C) Whether Section 266B of the Gujarat Municipalities Act is applicable to the facts of the present case when no new Municipality has been constituted under Article 243Q of the Constitution of India."
Issue requires for consideration. ADMIT.
ORDER IN CIVIL APPLICATION:
Issue rule upon the respondents No. 1 to 3, making it returnable on 18 th February 2019.
Page 2 of 3 C/SA/24/2019 ORDER
The applicant shall deposit the decreetal amount alongwith interest as per the order passed by the learned Additional District Judge, Bhuj-Kachchh in Regular Civil Appeal No. 13 of 2013 dated 10th October 2018 within a period of four weeks.
(B.N. KARIA, J) ksdarji Page 3 of 3