STATE TRADING CORP.OF INDIA LTD. v. PATEL HANDLING AGENCY
FA/1046/2003 · 2025-06-12
Hemant M Prachchhak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3815 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3815 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/FA/1046/2003 ORDER DATED: 12/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1046 of 2003 ======================================= STATE TRADING CORP.OF INDIA LTD. Versus PATEL HANDLING AGENCY ======================================= Appearance:
MS SIMRAN PAHWA FOR THAKKAR AND PAHWA ADVOCATES(1357) for the Appellant(s) No. 1 RULE SERVED for the Defendant(s) No. 1 ======================================= CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 12/06/2025
ORAL ORDER
1. Present appeal is filed by the appellant under Section 96 of the Civil Procedure Code challenging the impugned judgment and order dated 27.09.2002 passed by the learned Civil Judge (S.D.), Gandhidham – Kachchh in Special Civil Suit No. 61 of 1997 whereby the learned Civil Judge has allowed the suit.
2. Heard Ms.Simran Pahwa, learned counsel for Thakkar and Pahwa Advocates for the appellant. Though served the respondent has chosen not to appear before the Court.
3. It appears that the appeal was admitted on 17.02.2004 and granted interim relief. Thereafter, the matter was adjourned. In
C/FA/1046/2003 ORDER DATED: 12/06/2025 the meantime, the respondent herein has filed Execution Application No. 14 of 2002 before the concerned Civil Court which came to be dismissed for want of prosecution by the learned 2nd Additional Senior Civil Judge, Gandhidham – Kachchh vide order dated 04.12.2021, the copy of which is produced on record.
4. In view of the above, the present appeal stands disposed of. Interim relief, if any, granted earlier shall stand vacated forthwith. It is open for the appellant in case of any difficulty or revival of the said Execution Application, the appellant may revive the first appeal and the same shall be considered and decided by the Court in accordance with law. Registry is directed to transmit back the record and proceedings of the case to the concerned trial Court forthwith.
5. Pending civil application/s, if any, shall stand disposed of accordingly.
(HEMANT M. PRACHCHHAK,J) V.R. PANCHAL Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/06/2025 16:50:18