C/FA/563/2012 ORDER DATED: 17/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 563 of 2012 ========================================================== MUKAND LIMITED Versus M/S LAXMI ENGINEERING WORKS A PERTNERSHIP FIRM REGISTERED UNDER INDIAN PARTNERSHIP ACT 1932 & ORS. ========================================================== Appearance: MR AMAR N BHATT, SR ADVOCATE(160) for the Appellant(s) No. 1 MR R G DWIVEDI(6601) for the Defendant(s) No. 1,2,3,4,5,6 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 17/03/2026 ORDER 1. In Summary Suit No.2 of 2011, the learned 2nd Addl. Senior Civil Judge, Valsad camp at Vapi passed the order below Exh.40 and rejected the leave to defend application and passed judgment and decree as claimed in summons for judgment. 2. Being aggrieved, the appellant – defendant has preferred captioned First Appeal. 3. At the time of admission of the First Appeal, the defendant was directed to deposit 50% of the decretal amount. Learned Senior counsel Mr. Amar Bhatt appearing for the defendant states at bar that following the order dated 1.3.2012, 50% of the decretal amount has already been deposited before the learned trial Court. Page 1 of 3 C/FA/563/2012 ORDER DATED: 17/03/2026 4. During hearing of this First Appeal, the parties have amicably settled the dispute and 0led consent terms, which is veri0ed and taken on record. 5. On behalf of the defendant, authorized signatory Mr. Pradeep Kunjappan has signed the consent terms and on behalf of the plainti6s, Mr.Vinodkumar Sharma in the capacity of the power of attorney holder of the plainti6s has signed the consent terms. All the signatories of the consent terms are present in the Court. This Court veri0ed their volition in reaching to the consent terms. Both the parties, who are present in the Court, are agreed to the consent terms. 6. Perusal of the consent terms on record demonstrates that it is in regards to the subject matter of the suit. Thus, this Court is of the opinion that voluntary consent terms arrived at between the parties needs to be recorded and decree is to be drawn accordingly. 7. Hence, I pass following order:- 7.1 The First Appeal is allowed in terms of consent terms. 7.2 The impugned order passed below Exh.14 and consequently order passed below summons for judgment is hereby quashed and set aside. 7.3 The plainti6s are entitled to Rs.6,29,789/- being 50% of the decretal amount along with accrued interest, as the said C/FA/563/2012 ORDER DATED: 17/03/2026 amount has been deposited before the learned trial Court. 7.4 The learned trial Court concerned shall pay the amount as stated herein above to the plainti6s after due veri0cation and identi0cation, within two weeks from the date of receipt of this order. 7.4.1 The summary suit is disposed of in aforesaid terms. 7.5 Decree to be drawn accordingly. 8. Registry to ensure that the R & P shall reach to the concerned Court within one week from today along with decree. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 17/03/2026 16:03:17