Gujarat High Court
CRA/1963/1995 of STATE OF GUJARAT Vs MODERN CONSTRUCTION CO.LTD. on 22 December 1999
HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL REVISION APPLICATION No 1963 of 1995 For Approval and Signature: Hon'ble MR.JUSTICE S.K.KESHOTE ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL REVISION APPLICATION No 1963 of 1995
For Approval and Signature:
Hon'ble MR.JUSTICE S.K.KESHOTE
============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- STATE OF GUJARATVersus MODERN CONSTRUCTION CO.LTD. -------------------------------------------------------------- Appearance: MS SIDDHI TALATI for Petitioner MR AM KAPADIA for Respondent -------------------------------------------------------------- CORAM : MR.JUSTICE S.K.KESHOTE
Date of decision: 22/12/1999
ORAL JUDGEMENT
Heard the learned counsel for the parties.
2. This revision application was admitted by this court on 22nd January, 1996 after notice to the respondent. Earlier to that on 11th December, 1995, this Heard Mr.Mehta for the petitioner. None present for the respondent. Notice returnable on 22nd January, 1996. There will be ad-interim relief in terms of prayer clause 5 (c) until further orders.
Para - 5 (c) reads as under:
pending hearing and final disposal of this application to stay the order of issuance of Jangam warrant passed by the Civil Judge (S.D.)
Surat on 16-3-1995.
3. This jangam warrant issued by the court below is lying stayed. The dispute has been raised that the decreetal amount which has been granted by the first court and modified by this court has been deposited by the petitioner and that has also been withdrawn by the decree holder - respondent still the decree holder - decreetal amount which has been granted by the first court and modified by this court has been deposited by the petitioner and that has also been withdrawn by the decree holder - respondent still the decree holder - respondent prays for grant of interest on that amount in execution.
4. This is a question of fact on which it is appropriate that first executing court decides the same. Moreover, this jangam warrant is lying stayed for all these years and it is in the larger interest of the parties that this matter may be decided first by the court below.
5. In the result, this civil revision application is allowed and the order impugned in this civil revision application is quashed and set aside and the matter is remanded back to the Executing court to decide this dispute after hearing the counsel for the parties within a period of two months from the date of receipt of writ of this order. Rule is made absolute in the aforesaid terms with no order as to costs.
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