N PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India has been preferred by the petitioner challenging order passed below Ex.31 by Civil Judge (Senior Division), Gandhinagar in Special Execution Petition No.52 of 1995.

(2.) FACTS relevant for the purpose of deciding this petition can be summarised as under :

(3.) IN my opinion, this can be the only construction of the letter which has been construed otherwise. I am of the view that trial Court has committed an error in taking the view that the petitioner on its own free Will and volition was ready and willing to accept the payment by 11.12.1995 is sufficient to warrant an inference that they were ready to accept interest @ 9% p.a. Prima facie, it appears that the application Ex.26 with a prayer to make the payment of Rs.9,63,423=35 p.s., with running interest @ 17% p.a. from 12.12.1995 till its realisation was already granted, but, it appears that the same was an ex-parte order and therefore, in the year of 2002, application Ex.31 came to be preferred by the respondents herein saying that they ought to have been heard and the Court may pass a fresh order in this regard. It is thereafter that the concerned Court passed the order below Ex.31 dated 14.08.2003.