(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. The applicants appellants seek seek stay against the execution and implementation of the judgment and decree dated 30th September, 2011 passed by the learned Senior Civil Judge, Vadodara in Special Civil Suit No. 971 of 2001. The suit was filed by the respondent contractor for recovery of sum of Rs.36,38,044.27 ps. The respondent herein was awarded contract for constructing 39 school rooms by the District Panchayat. In execution of such works contract, disputes arose between the parties. The contractor, therefore, filed the above suit. The suit was decreed in part. The defendants present appellants were ordered to pay Rs.24,71,873.00 with 12 per cent interest from the date of the suit till realization.
2. Having heard the learned counsel for the parties and having perused the material on record, we prima facie notice that against the execution of construction of l37 rooms, the appellants had released payment of Rs.33,45,147.00 in favour of the respondent contractor at the relevant time in the year 1999. We may recall that the entire construction cost was Rs.39,14,774.34 ps. Subsequently, sum of Rs.1,43,972.00 was released in favour of the contractor on or around 19.7.2001.
3. The Civil Court has awarded amounts under different heads such as towards over-head stay and towards the material provided by the contractor which, according to the trial court, was not the responsibility of the contractor as per the contract.
4. At this stage, we do not think it appropriate to make any observation with respect to merits and de-merits of the rival contentions. Suffice it to say, in the interest of justice, it would be appropriate to require the applicants to deposit 1/3rd of the decretal amount with proportionate costs and interest. On condition of depositing such amount, stay is required to be granted.
5. In the result, on condition that the applicant deposits 1/3rd of the decretal amount with proportionate costs and interest before the trial court latest by 15th June, 2012, there shall be stay against the implementation of the impugned judgment and decree. Upon such deposit, it will be open for the opponents herein to withdraw the same after providing immovable security to the satisfaction of the trial court to the tune of such amount.
6. With the above directions, Civil Application is disposed of. Rule is made absolute.
7. Appeal shall be heard along with First Appeal No. 251 of 2012 and First Appeal No. 3258 of 2011.
(Akil Kureshi,J.) (C.L.Soni,J.) an vyas Top