Gujarat High Court
Ashish Trading Company Pvt. Ltd vs Hindustan-Dorr Oliver Limited & ... on 17 July, 2017
Author: R.Subhash Reddy
Bench: R.Subhash Reddy, Vipul M. Pancholi
C/MCA/1804/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 1804 of 2017
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ASHISH TRADING COMPANY PVT. LTD....Applicant(s)
Versus
HINDUSTAN-DORR OLIVER LIMITED & 15....Opponent(s)
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Appearance:
MR P A MEHD, ADVOCATE for the Applicant(s) No. 1
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH
REDDY
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 17/07/2017
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY) This Miscellaneous Civil Application is filed under the provisions of the Contempt of Courts Act, 1971 with the prayers which read as under:-
"(a) That the Hon'ble Court be pleased to initiate appropriate proceedings under the Contempt of Courts Act against the respondents.
(b) That pending the hearing and final disposal of this application, the Hon'ble Court be pleased to direct the respondents to obey and implement the order of this Hon'ble Court dated 16/6/2017.
(c) For costs;
(d) For such further and other reliefs as the circumstances of
the case may require."
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C/MCA/1804/2017 ORDER
The applicant herein filed Summary Civil Suit No. 1032 of 2015 before the City Civil Courts at Ahmedabad against the present opponent nos. 1 and 2 for recovery of a sum of Rs. 1,94,35,309 with interest and for other consequential reliefs. During pendency of the said Summary Civil Suit No. 1032 of 2015, a settlement was arrived at between the parties on 31st March, 2016 and in view of the said settlement, the parties filed a compromise pursis at exh. 17 before the Court below for disposal of the said suit. Copy of the said settlement arrived at between the parties on 31st March, 2016 is also placed on record. In view of such compromise pursis at exh. 17, the Court below passed an order below compromuse pursis at exh.17, recording the compromise pursis and further passed an order dated 16th June, 2016 below exh. 1 disposing of the Summary Civil Suit in terms of the compromise pursis at exh. 17.
In this application, it is contended by learned counsel for the applicant that as there is direction in the order dated 16th June, 2016 for complying the undertaking given by the opponents and as the opponents have failed to pay the amount as per the undertaking, given by them, such action amounts to contempt.
Learned counsel for the applicant has fairly submitted that the applicant has also filed execution petition for execution of decree passed in Summary Civil Suit No. 1032 of 2015. In terms of such settlement and pursuant to filing of compromise pursis at exh.17, it appears that the said suit was disposed of by the court below. As the decree is passed in terms of compromise pursis and as the applicant has also moved the City Civil Court for execution of decree by way of filing execution petition in the Summary Civil Suit No. 1032 of 2015, we are of the view that it cannot be said that the opponents have willfully and deliberately violated the directions issued by the Court Page 2 of 3 HC-NIC Page 2 of 3 Created On Sun Aug 20 20:07:20 IST 2017 C/MCA/1804/2017 ORDER below. In case the terms of the compromise/settlement are not complied, the applicant can enforce the decree. But at the same time, during pendency of such execution petition, the applicant is not entitled to seek the relief as sought for in this application.
For the aforesaid reason, the application is dismissed. It is, however, made clear that the execution petition is to be considered by the Court below on its own merit and uninfluenced by the observations made by this Court in this order.
(R. SUBHASH REDDY, CJ) (VIPUL M. PANCHOLI, J.) pirzada Page 3 of 3 HC-NIC Page 3 of 3 Created On Sun Aug 20 20:07:20 IST 2017