High Court of Gujarat

STATE OF GUJARATversusMUKESH CORPORATION

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

Holding

Appeals involving a suit amount less than Rs.5.00 lakhs must be heard by the District Court as per Section 30(3) of the Gujarat Civil Courts Act, 2005.

Summary

The State of Gujarat filed a first appeal (No. 586 of 2000) before the Gujarat High Court against Mukesh Corporation. The appeal concerned a suit where the monetary value was less than Rs.5.00 lakhs. The Court examined Section 30(3) of the Gujarat Civil Courts Act, 2005, which stipulates that appeals involving amounts below this threshold must be heard by the District Court, not the High Court. Applying this provision, the Court concluded that it lacked jurisdiction to entertain the appeal. Consequently, the appeal was ordered to be transferred to the appropriate District Court for disposal, and the High Court deemed the appeal disposed for its purposes. Any interim relief, if granted, would continue to remain in effect.

Issues considered

Whether an appeal involving a suit amount less than Rs.5.00 lakhs falls within the jurisdiction of the Gujarat High Court or the District Court under Section 30(3) of the Gujarat Civil Courts Act, 2005.

Subjects

jurisdictioncivil appealtransfer of appealGujarat Civil Courts ActSection 30(3)district court

Judgment

         C/FA/586/2000                                ORDER DATED: 19/03/2024




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/FIRST APPEAL NO. 586 of 2000

==========================================================
                             STATE OF GUJARAT & ANR.
                                      Versus
                              MUKESH CORPORATION
==========================================================
Appearance:
MR ADITYA DAVDA, AGP for the Appellant(s) No. 1,2
MR KG SUKHWANI(871) for the Defendant(s) No. 1
==========================================================
  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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