High Court of Gujarat

MUKESH CORPORATIONversusSTATE OF GUJARAT

Disposal: 39-RULE DISCHARGED/DISMISSED @ FH
Bench: C DOSHI

Holding

The appeal must be transferred to the District Court as mandated by Section 30(3) of the Gujarat Civil Courts Act, 2005.

Summary

The appellant Mukesh Corporation filed a first appeal before the Gujarat High Court challenging a decision of the trial court. The amount in dispute was less than Rs.5.00 lakhs. The High Court examined Section 30(3) of the Gujarat Civil Courts Act, 2005, which stipulates that appeals involving such a monetary limit must be heard by the District Court. Accordingly, the Court held that it lacked jurisdiction to entertain the appeal. The order directed the transfer of the appeal, together with the trial court record, to the appropriate District Court and disposed of the appeal for the purposes of the High Court, with any interim relief to continue.

Issues considered

What is the appropriate forum for hearing a civil appeal where the suit amount is less than Rs.5.00 lakhs under the Gujarat Civil Courts Act, 2005?

Subjects

jurisdictioncivil appealtransfer of appealSection 30(3)Gujarat Civil Courts Actmonetary threshold

Judgment

         C/FA/5673/1999                                ORDER DATED: 19/03/2024




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/FIRST APPEAL NO. 5673 of 1999

==========================================================
                              MUKESH CORPORATION
                                      Versus
                             STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR KG SUKHWANI(871) for the Appellant(s) No. 1
MR ADITYA DAVDA, AGP for the Defendant(s) No. 1,2
==========================================================
  CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
                   Date : 19/03/2024
                    ORAL ORDER


          As the suit amount involves an amount less than Rs.5.00
lakhs, in light of provisions contained in Section 30(3) of the
Gujarat Civil Courts Act, 2005, the appeal would lie before the
District Court and hence, it is required to be transferred to the
Court of District Judge concerned for disposal in accordance
with law. Hence, the Registry is directed to transfer the appeal
to the District Court concerned, at the earliest, along with record
and proceedings of the Trial Court, if lying before this Court.
For        the      purpose     of   this     Court,   the    appeal       stands
disposed of. Notice, if any, is discharged. Ad-interim relief, if
any, shall continue.



                                                                 (D. M. DESAI,J)
VATSAL




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