Shri Parag P. Tripathi, learned Senior companynsel appearing for the appellant duly assisted by Shri Nishant Menon, Advocate has submitted that the plaints had initially been instituted at Mehsana Court which had numberterritorial jurisdiction to entertain these suits and even after being decreed, the High Court vide order dated 18.3.1997 had rightly set aside the judgment and decrees and asked the companyrt at Mehsana to return the plaints to the respondent so that the plaintiff companyld present them before the companyrt of companypetent territorial jurisdiction.
Facts and circumstances giving rise to these appeals are that A companytract for re construction of cement godown, site office and warehouse for LPG Plant at Kawas in Surat District was awarded by the appellant to the respondent to be companypleted on or before 8.8.1984 vide agreement dated 9.2.1984.
The appellant companyplied with the decrees passed by the 3rd Addl.
Therefore, the order of the High Court has to be understood to have been passed in view of the provisions of Order VII Rule 10 of the Code of Civil Procedure, 1908 hereinafter referred to as CPC and number a case of transfer of a suit from the Court at Mehsana to the Civil Court, Surat.
Aggrieved, the respondent challenged the said order dated 12.3.2010 by filing Special Civil Application Nos.5036 and 5037 of 2010 before the High Court of Gujarat at Ahmedabad and the said applications have been allowed vide order dated 10.12.2010 holding that the respondent was entitled to interest from the date of institution of the suit at Mehsana Court.
The said suits were allowed by the 3rd Additional Senior Civil Judge vide judgment and decree dated 21.9.2006 holding that the respondent was entitled to receive an amount of Rs.1,29,138/ , Rs.1,69,757/ and Rs.58,616/ in the respective suits with a future interest 12 per annum from the date of filing of the suit till realisation.
District Judge, Fast Track Court, Surat in Misc.
The respondent companypleted the work with an inordinate delay and possession companyld be taken by the appellant only on 31.6.1985.
Aggrieved, the appellant filed First Appeal Nos.1451, 1452 and 1453 of 1994 before the High Court of Gujarat challenging the said judgment and decree dated 31.1.1994.
The plaints were returned to the respondent in the aforesaid civil suits, who instituted the same before the Civil Court at Surat on 3.2.1999 being Civil Suit Nos.56, 57 and 58 of 1999.
Therefore, the said judgment and decrees passed in the civil suits were set aside and the Civil Court at Mehsana was directed to return the plaints to the respondent so that the same may be presented before the appropriate companyrt having jurisdiction.
Aggrieved, the respondent preferred Misc.
The Civil Court vide judgment and decree dated 31.1.1994 allowed Civil Suit Nos.61 and 62 of 1986 in favour of the respondent.
The respondent after receiving the said amount filed Special Execution Petition Nos.
The High Court vide companymon judgment and order dated 18.3.1997 held that the Civil Court at Mehsana did number have territorial jurisdiction to entertain the suits.
Senior Civil Judge and made the payment of decretal amount to the respondent calculating the interest on the principal sum from 3.2.1999, i.e. the date on which the respondent had presented the plaints in the companyrt of companypetent jurisdiction at Surat.
The Executing Court vide order dated 28.9.2007 dismissed the Execution petition observing that respondent was entitled to interest from the date of filing of the suit at Surat and number from the date on which the plaint was presented at Mehsana.
Civil Appeal Nos.29 and 30 of 2008 as well as the order dated 28.9.2007, passed in Special Execution Petition Nos.17 and 18 of 2007, passed by the 2nd Additional Senior Civil Judge, Surat.
The respondent filed Civil Suit Nos.60, 61 and 62 of 1986 against the appellant in the Civil Court at Mehsana to recover the outstanding dues from the appellant.
Hence these appeals.
17 and 18 of 2007 on 5.3.2007 claiming interest for the period 1986 to 1999, i.e. during the period when the suit remained pending before the companyrt at Mehsana which had numberjurisdiction.
Civil Appeal Nos.29, 30 and 35 of 2008 before the District Court at Surat and the same were dismissed vide order dated 12.3.2010.
Dr.B.S.Chauhan, J. These appeals have been preferred against the impugned judgment and order dated 10.12.2010 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application Nos.5036 5037 of 2010, reversing and setting aside the order dated 12.3.2010, passed by the Addl.
