DIVISIONAL CONTROLLERversusNARHARIBHAI KESHAVLAL MEHTA SINCE DECD. THROUGH HEIRS
- Disposal
- 39-RULE DISCHARGED/DISMISSED @ FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The petition is dismissed on the ground of the smallness of the amount awarded, without deciding any substantive issue.
Summary
The Divisional Controller filed a special civil application against Narharibhai Keshavlal Mehta and others seeking enforcement of a tribunal award of Rs.25,000 arising from a road accident. The court noted that the amount was minimal and there was no dispute over the accident facts. Consequently, the judge dismissed the petition on the ground of the smallness of the amount, emphasizing that the order was not intended as a precedent. The dismissal was aimed at avoiding unnecessary hardship for the claimant. The court directed that the awarded sum be released to the claimant via electronic transfer and allowed the petitioner to revive the petition if needed.
Issues considered
- Whether a petition for enforcement of a small monetary award (Rs.25,000) should be entertained on merits
- Whether dismissal on the ground of smallness of amount is appropriate without addressing substantive issues
Subjects
Judgment
C/SCA/1386/2011 JUDGMENT DATED: 13/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1386 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
No
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DIVISIONAL CONTROLLER
Versus
NARHARIBHAI KESHAVLAL MEHTA SINCE DECD. THROUGH HEIRS &
ORS.
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Appearance:
MR HARDIK C RAWAL(719) for the Petitioner(s) No. 1
MR JV JAPEE(358) for the Respondent(s) No. 1.1,1.2,1.3
MS KARUNA V RAHEVAR(3818) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 13/03/2026
ORAL JUDGMENT
1. Heard learned advocate for the respective parties.
2. Learned advocates for the parties pointed out that the
captioned petition may not deserve the consideration on
merits owing to the smallness of the amount awarded by
the concerned Tribunal. It is noticed that the disputed
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C/SCA/1386/2011 JUDGMENT DATED: 13/03/2026
amount in the present petition is only Rs.25,000/-. This is
a small and meager amount and considering the aspect of
having no dispute in regards to the road accident, I am of
the opinion that this petition may not deserve
consideration, more particularly, on the ground of
smallness of amount. Accordingly, present petition stands
dismissed.
3. It is made clear that the present petition is dismissed
on account of smallness of the amount and the order
passed by this Court shall not be treated as precedent so
as to say that this Court has decided any issue on merit.
The whole purpose to dismiss the petition on account of
smallness of amount is with a view to avoid hardship both
physically and 'nancially on the part of the original
claimant to appear and defend the case.
4. Therefore, this order shall not be cited as precedent in
any pending matters before any Court in the State of
Gujarat.
5. The entire awarded amount be disbursed and released
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C/SCA/1386/2011 JUDGMENT DATED: 13/03/2026
in favour of claimant/s, if not disbursed, after due
veri'cation by transferring said amount/s to the account/s
of claimant/s by RTGS or NEFT.
6. The petitioner is at liberty to revive the petition in case
of di0iculty.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/03/2026 18:04:32
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