C/FA/2008/2017 ORDER DATED: 02/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2008 of 2017 With CIVIL APPLICATION (FOR CLARIFICATION) NO. 1 of 2025 In CIVIL APPLICATION (FOR STAY) NO. 1 of 2017 In R/FIRST APPEAL NO. 2008 of 2017 ========================================================== ARVIND GARMENT PARK PVT. LTD. Versus DHULIBEN D/0 UMEDJI DANAJI, & ORS. ========================================================== Appearance: MR. S. M. GOHIL(3785) for the Appellant(s) No. 1 MR RIDDHESH TRIVEDI(6581) for the Defendant(s) No. 1 RULE SERVED for the Defendant(s) No. 2.1,2.2,2.3,3,4,5,6 ========================================================== CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN and HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 02/05/2025 ORAL ORDER (PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN) 1. Captioned appeal, has been filed challenging the judgment dated 16.02.2017 passed by the learned 4th Additional Senior Civil Judge in Special Civil Suit no.280 of 2014 whereby, it came to be allowed and the plaintiff was declared to be entitled to 1/3rd share in the suit property. Moreover, the sale deed dated 03.02.2014 executed by the defendant nos.1 to 5 in favour of defendant no.6, was declared to be void to the extent of the share of the plaintiff. The defendants were directed to hand over the possession of the suit property to the plaintiff. Being aggrieved, the defendant no.6 has preferred the captioned appeal. 2. Mr S. M. Gohil and Mr Riddhesh Trivedi, learned advocates have jointly submitted that the parties, have arrived at the settlement and the defendant no.6 – applicant – appellant, has agreed that it will pay an amount of Rs.35 lakhs in the name of the original plaintiff – Dhuliben D/o. Umedji Danaji and another amount of Rs. 6 lakhs, shall be paid to the Power of Attorney holder – Bhikhabhai Amarsinh Zala, the nephew towards full and final C/FA/2008/2017 ORDER DATED: 02/05/2025 settlement of any and all claims of original plaintiff and any person claiming through her for the land bearing survey no.25 admeasuring 5470 sq. mtrs. of village Pahadiya, taluka Dehgam, District Gandhinagar (hereinafter referred to as “the land in question”). 3. Mr Riddhesh Trivedi, learned advocate for the plaintiff, has submitted that the cheques have been received and the plaintiff, shall relinquish all claims in the land in question, more particularly, described in Special Civil Suit no.280 of 2014. 4. The learned advocates have jointly submitted that the original plaintiff through her Power of Attorney agrees to enter into such other documentation, agreement, affidavit or application as may be deemed necessary by the defendant no.6 – applicant – appellant to give full effect to the present full and final settlement. 5. Mr S. M. Gohil, learned advocate has further submitted that apropos the order dated 01.08.2018 passed in civil application no.1 of 2017, the defendant no.6 – applicant – appellant was directed to deposit a sum of Rs.10 lakhs and further sum of Rs.2 lakhs towards 1/3rd of the sale consideration and the interest for the interregnum respectively. Mr S. M. Gohil, learned advocate requests this Court that the amount so deposited and invested may be returned back to the defendant no.6 – applicant – appellant to which Mr Riddhesh Trivedi, learned advocate has no objection. 6. The Power of Attorney – Bhikhabhai Amarsinh Zala was personally present before this Court and was identified by his counsel. This Court, has interacted with him and also desired to know the wish of the original plaintiff – Dhuliben. Since she was reported to be bedridden, she was joined virtually through Whatsapp call and was identified by her counsel. She was made to C/FA/2008/2017 ORDER DATED: 02/05/2025 understand about the settlement and agreed that the nephew Bhikhabhai Amarsinh Zala is taking care of her and extending all the medical facilities since there is nobody to take care of her. 7. This Court, since was satisfied, also requested the learned advocate appearing for the defendant no.6 – applicant – appellant to consider and revise the offer. 8. Mr S. M. Gohil, learned advocate today, has stated before this Court that a cheque no.004367 dated 01.05.2025 for an amount of Rs.12 lakhs is ready in the name of plaintiff – Dhuliben and shall be deposited in her account. The gesture shown by the defendant no.6 – applicant deserves appreciation. 9. The parties, have arrived at an amicable settlement. The terms of the settlement have been reduced into writing duly signed by authorized officer of the defendant no.6 – applicant and the advocate so also the Power of Attorney Shri Bhikhabhai Amarsinh Zala of the plaintiff and the advocate on the other hand. The terms of the settlement are reproduced hereinbelow for ready reference: “It is hereby agreed between the Appellant and Respondent No.1 herein [The Original Defendant no. 6 and Original Plaintiff respectively] as under: 1. By way of a settlement between the parties, the Original Plaintiff has agreed to be compensated for her claim in the suit land and in lieu of the said settlement, she would pray for the withdrawal of the Plaint being Special Civil Suit No. 280 of 2014 where from the present appeal arises seeking to challenge the judgment and order dated 16.02.2017 and further unconditionally withdraw all litigations notices, demands, claims made by her against the Appellant Company [Arvind Limited] before any judicial and/or quasi-judicial forum immediately and forthwith, including the Appeal filed before Collectorate, Gandhinagar bearing Appeal No. GANDHINAGAR/DASU/2024/147 without any demur and/or protest. 2. That this Hon'ble court has stayed the operation of the said impugned order dated 16.02.2017 by directing the appellant to C/FA/2008/2017 ORDER DATED: 02/05/2025 deposit a sum of Rs. 12,00,000/- [Rupees Twelve Lakhs] with the Registry of this Hon'ble Court by way of order dated 01/08/2018 in Civil Application no. 1 of 2017 in the present appeal. As a part of the settlement between the parties the said amount alongwith interest is to be refunded to the appellant herein. 3. Pursuant to the settlement arrived at between the parties, the Appellant herein [Arvind Limited] has issued a Cheque bearing no. 394293 drawn on State Bank Of India, Commercial Branch, Ahmedabad dated 22.04.2025 in the name of Respondent no. 1/ Original Plaintiff of an amount of Rs. 35,00,000/- [Rupees Thirty- Five Lakhs only], AND a Cheque bearing no. 394294 drawn on State Bank Of India, Commercial Branch, Ahmedabad dated 22.04.2025 in my name i.e. Bhikhabhai Amrarsinh Zala being POA Holder of Respondent No. 1/Original Plaintiff of an amount of Rs.6,00,000/- [Rupees Six Lakhs only], towards full and final settlement of any and all claims of Respondent no. 1/Original Plaintiff and any person claiming through her, in the Suit Land being land bearing Survey No.25 (New Survey NO. 52) admeasuring 5470 sq.meters of village Pahadiya, Taluka Dehgam, District Gandhinagar, more particularly described in Plaint of S.C.S No, 280/2024, in favour of the Arvind Limited. 4. The Power of Attorney undersigned has received the said Cheques today and the Respondent no. 1/Original Plaintiff has relinquished any and all claims in the Suit Land being land bearing Survey No.25 (New Survey NO. 52) admeasuring 5470 sq.meters of village Pahadiya, Taluka Dehgam, District Gandhinagar, more particularly described in Plaint of S.C.S No, 280/2024, in favour of the Arvind Limited. 5. The Respondent no. 1/Original Plaintiff hereby agrees to enter into such other documentation, agreement, affidavit and/or applications as may be deemed necessary by the Appellant Arvind Limited, to give full effect to the present full and final settlement and keep Arvind Limited defended and indemnified from any and all liability, claims made by any person claiming through the Respondent no. 1/0riginal Plaintiff in this regard. Entered into on this the 22nd day of April 2025 at Ahmedabad BY AND BETWEEN PARTIES IN PRESENCE OF THEIR ADVOCATES:” 10. The terms of settlement reduced into writing duly signed by the parties are directed to be taken on record. The same, shall be kept with the record of this Court. Decree shall be drawn in accordance with the terms of the settlement. 11. It is clarified that vide order dated 01.08.2018, this Court has directed the defendant no.6 - applicant to deposit the amount of C/FA/2008/2017 ORDER DATED: 02/05/2025 Rs.12 lakhs with a further direction to the Registry to invest the same in nationalized bank in a cumulative fixed deposit. Registry is directed to take necessary steps for refund of the said amount to the defendant no.6 – applicant – appellant at the earliest and not later than 6 weeks from today. 12. With the above, the captioned first appeal stands disposed of. Connected civil applications, if any, shall also stand disposed of. No order as to costs. Record & Proceedings be sent back forthwith to the Court concerned. (SANGEETA K. VISHEN,J) (NIRAL R. MEHTA,J) RAVI P. PATEL Original copy of this order has been signed by the Hon'ble Judges. Digitally signed by: RAVI PRAVINCHANDRA PATEL(HC01068), PRIVATE SECRETARY, at High Court of Gujarat on 07/05/2025 12:16:46