High Court of Gujarat
STATE OF GUJARATversusMUKESH CORPORATION
- Decided
- 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.
Legislation cited
- Gujarat Civil Courts Act, 2005 — s. 30(3)
Subjects
- jurisdiction
- civil appeal
- transfer of appeal
- Gujarat Civil Courts Act
- Section 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
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STATE OF GUJARAT & ANR.
Versus
MUKESH CORPORATION
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Appearance:
MR ADITYA DAVDA, AGP for the Appellant(s) No. 1,2
MR KG SUKHWANI(871) for the Defendant(s) No. 1
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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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