Gujarat High Court
FIRST APPEAL 3651 of 2017 on 19 January 2017
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3651 of 2017
==========================================================STATE OF GUJARAT & 1 other(s)VersusM/S. BHAGWATI CONSTRUCTION COMPANY
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Appearance:MR. H. K. PATEL, ASST. GOVERNMENT PLEADER(1) for the Appellant(s) No. 1,2MR.CHIRAG K SUKHWANI(6603) for the Defendant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 10/05/2019
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ORAL ORDER
1. The First Appeal No.3651 of 2017 preferred by the State of Gujarat under Section 37 of the Arbitration and Conciliation Act, 1996 against the judgment and order dated 19th January, 2017 passed by the Judge of the City Civil Court, Court No.8, Ahmedabad in the Civil Misc. Application No.349 of 2008 filed under Section 34 of the Act, 1996 came to be dismissed by this Court vide judgment and order 17th October, 2018. The operative part of the order reads thus; “28. In the overall view of the matter, I have reached to the conclusion that no case is made out for interference in this First Appeal under Section 37 of the Act, 1996.
29. In the result, this appeal fails and is hereby dismissed. “
2. The matter is now kept for disbursement of the decreetal amount deposited by the State of Gujarat with the Registry of this Court. The amount deposited by the State of Gujarat is to the tune of Rs.98,14,875/- ( Ninety Eight Lakh Fourteen Thousand Eight Hundred Seventy Five Only). This amount came to be deposited by the State of Gujarat vide Cheque No.564265 dated 14th September, 2018 with the Registry of this Court.
3. It appears that Mr. Sukhwani, the learned counsel appearing for M/s. Bhagwati Construction Company has addressed a letter dated 2nd May, 2019 to the Registrar for disbursement of the amount. Mr. Sukhwani, the learned counsel appearing for the Company pointed out that his client has authorized him to collect the cheque on behalf of his client.
4. The Registry is directed to draw an account payee cheque of the amount of Rs.98,14,875/- plus interest that must have accrued over a period of time after the deposit of the amount in favour of M/s. Bhagwati Construction Company and handover the cheque to Mr. Chirag K. Sukhwani, the learned counsel appearing for the Company.
(J. B. PARDIWALA, J)
Vahid