High Court of Gujarat
DAKSHIN GUJARAT VIJ COMPANY LIMITEDversusINDUS TOWERS LTD.
- Decided
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- ANIRUDDHA P MAYEE
Holding
The appellate orders are quashed and set aside as the dispute has become academic due to full payment of the supplementary bill.
Summary
Dakshin Gujarat Vij Company Ltd filed a writ petition challenging the order dated 23.03.2023 passed by the Forum in Review Application No.154 and the order dated 17.12.2022 in Appeal No.143/2022-23 that cancelled a supplementary bill raised by the petitioner. The respondent, Indus Towers Ltd., submitted an affidavit and a receipt showing that it had fully paid the disputed supplementary bill. The petitioner argued that because the bill was paid, the appellate orders should be set aside. The Court observed that the payment rendered the dispute academic and there was no longer any need to adjudicate the bill. Consequently, the Court quashed and set aside the impugned appellate orders and disposed of the writ petition without any order as to costs.
Issues considered
- Whether the appellate orders cancelling the supplementary bill can be set aside when the respondent has already paid the disputed amount, rendering the issue academic.
Subjects
- writ petition
- supplementary bill
- quash
- academic issue
- appellate order
- civil procedure
Judgment
C/SCA/18982/2023 ORDER DATED: 05/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18982 of 2023
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DAKSHIN GUJARAT VIJ COMPANY LIMITED
Versus
INDUS TOWERS LTD. & ANR.
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Appearance:
MR MAULIK NANAVATI FOR NANAVATI & CO.(7105) for Petitioner(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MR RAJABHAI J GOGDA(3628) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 05/03/2026
ORAL ORDER
1. By the present writ petition, the petitioner is impugning
the order dated 23.03.2023 passed by the Forum in Review
Application No.154 in Appeal No.143/2022-23 as also the order
dated 17.12.2022 passed in Appeal No.143/2022-23 cancelling
the supplementary bill raised by the petitioner company.
2. Mr. Rajabhai J. Gogda, learned advocate for the
respondent No.1 has submitted affidavit on behalf of the
respondent No.1. The same is taken on record. By the said
affidavit, it is stated that the respondent No.1 has paid the bill
amount which is the dispute involved in the present writ
petition. The amount of the supplementary bill in dispute has
been duly paid and the receipt thereof is also placed on record.
3. Mr. Maulik Nanavati, learned advocate for the petitioner
submits that since the respondent No.1 has deposited the total
amount of the disputed supplementary bill so issued to the
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C/SCA/18982/2023 ORDER DATED: 05/03/2026
respondent No.1, the impugned orders are required to be
quashed and set aside.
4. Considered the submissions and the fact that the
respondent No.1 has paid the total amount of the supplementary
bill raised by the petitioner. Therefore, the issue raised in the
present writ petition has been rendered academic and the
adjudication in respect of the supplementary bill is not required
to be carried out. In view of the peculiar background of the facts
and the submissions made by the learned counsels for the
parties, the impugned orders passed by the appellate authority
are hereby quashed and set aside.
The writ petition accordingly stands disposed of. No order
as to costs.
(ANIRUDDHA P. MAYEE, J.)
KAUSHIK D. CHAUHAN
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAUSHIKKUMAR DINESHCHANDRA CHAUHAN(HC00197), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 05/03/2026 17:33:48
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