SHARP ENTERPRISE vs M/S RELIABLE PIPE AND TUBES
- Court
- Gujarat High Court
C/SCA/8862/2026 JUDGMENT DATED: 27/10/2026
(GJHC240433142026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8862 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
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Approved for Reporting Yes No
✓
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SHARP ENTERPRISE & ORS.
Versus
M/S RELIABLE PIPE AND TUBES
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Appearance:
MR SP MAJMUDAR(3456) for the Petitioner(s) No. 1,2,3
MS KRISHNA S SHAH(13157) for the Petitioner(s) No. 1,2,3
MR ABHISHEK M MEHTA(3469) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 27/10/2026
JUDGMENT
1. Heard Mr. S.P. Majmudar, learned advocate assisted by Ms.
Krishna S. Shah, learned advocate for the petitioners and Mr.
Abhishek Mehta, learned advocate for the respondent.
2. Rule returnable forthwith. Mr. Mehta, learned advocate, waives
service of notice for the respondent.
3. This petition is filed under Article 227 of Constitution of India,
seeking the following reliefs:-
“(A) YOUR LORDSHIP may be pleased to issue a writ of
certiorari or a writ in the nature of certiorari or any other
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appropriate writ, order or direction quashing and setting aside
impugned order dated 02.05.2026 passed by the Additional
Senior Civil Judge, Vadodara below Exhibit 22 in Special
Execution No. 13 of 2025 ( Annexure – S) and may be pleased
to further reject the application below Exhibit 22 filed by the
respondent in Special Execution No. 13 of 2025 before the Ld.
Additional Senior Civil Judge, Vadodara ( Annexure – Q), in
the interest of justice;
(B) During the pendency and final disposal of the present
petition, YOUR LORDSHIP may be pleased to stay the
implementation of order dated 02.05.2026 passed by the
Additional Senior Civil Judge, Vadodara below Exhibit 22 in
Special Execution No. 13 of 2025 ( Annexure – S) and stay
further proceedings of Special Execution No. 13 of 2025, in the
interest of justice;
(C) Pass any such other and/or further orders that may be
thought just and proper, in the facts and circumstances of the
present case;”
4. At the outset, it is required to be observed that vide order dated
06.07.2026, this Court passed following order:-
“ 1. Heard Mr. S. P. Majmudar, learned advocate with Ms.
Krishna S. Shah, learned advocate for the petitioners.
2. At the outset, Mr. Majmudar, learned advocate under
the instructions of his client – petitioner no. 2, who is present
in the Court, would state that without prejudice to the rights
and contentions of the petitioners, he will deposit a sum of Rs.
10,00,000/- within a period of ten days from today and
further Rs. 10,00,000/- within a period of two months from
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today, since, the petitioners are facing arrest warrant due to
non-deposit of the decreetal amount, i.e., Rs. 46,02,501/- with
24% interest from the date of suit till its realisation.
2.1. Mr. Majmudar, learned advocate for the petitioner
would also submit that the petitioners have already challenged
the money decree passed by the Trial Court before the
Appellate Court wherein after condoning the delay, appeal is
pending for its adjudication.
2.2. Nonetheless, the stay application which was filed by the
petitioner is already rejected and same is already challenged
before this Court by way of separate petition being Special
Civil Application No. 8984 of 2026.
3. At this stage, without further going into the merits of
the matter and without prejudice to the rights and contentions
of the parties, I allow the petitioners to deposit the sum of Rs.
10,00,000/- within a period of ten days and further sum of Rs.
10,00,000/- within a period of two months from today in the
Executing Court. Upon compliance of such condition, the
impugned order dated 02.05.2026, passed by Additional
Senior Civil Judge, Vadodara, below Exh. 22 in Special
Execution Petition No. 13 of 2025 is hereby stayed till next date
of hearing.
4. In the aforesaid, issue Notice for final disposal,
returnable on 24.07.2026 . To be listed on top of the Board, to
check the compliance of this order.
Direct service is permitted.”
5. It is reported to this Court that pursuant to the aforesaid order
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passed by this Court, the petitioners have deposited a sum of
Rs.20 lakhs with the Executing Court and thereby, complied with the
order.
6. After arguing for some time, learned advocates for the
respective parties, upon the instruction received from their client,
would submit that until the final outcome of the Regular Civil
Appeal No.277 of 2025 instituted by the petitioners herein pending
before the District Court, Vadodara, the warrant in question may be
suspended and further proceeding of Execution Petition No.13 of
2025 pending before the concerned Executing Court may also be
stayed.
7. Further, it is jointly requested to this Court that subject to final
outcome of the aforesaid appeal, the respondent may be allowed to
withdraw the aforesaid amount by submitting solvent security to the
satisfaction of the Executing Court concerned.
8. Mr. Majmudar, learned advocate for the petitioners, would
further inform this Court that so far as the oral argument of
petitioners is concerned, they have already argued the matter before
the Appellate Court, and now the Appeal is kept for the oral
argument of respondent-original plaintiff.
9. Having heard learned advocates for the respective parties and
considering the joint request made, without further expressing any
opinion on the merits of the matter, I pass following order:
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9.1 The respondent-original plaintiff /decree holder is permitted to
withdraw Rs.20 lakhs with accrued interest, if any, by submitting a
solvent security to the satisfaction of the Executing Court concerned.
Such withdrawal will be subject to final outcome of Regular Civil
Appeal No. 277 of 2025 pending before District Court, Vadodara.
Upon proper verification, the Executing Court concerned shall
disburse the said amount in favour of the respondent-decree holder.
9.2 The impugned warrant issued by the Executing Court in the
Special Execution Petition No. 13 of 2025, shall remain in
suspension and the execution proceeding of said execution petition
shall remain stayed until the final outcome of the aforesaid Regular
Civil Appeal filed by the petitioners against the respondent.
9.3 The respondent shall extend the cooperation and support for
early adjudication of the aforesaid Appeal pending before the
Appellate Court, as the arguments of the petitioners are already over.
In such situation, the Appellate Court is hereby requested to hear and
decide the aforesaid Appeal as early as possible in accordance with
law.
9.4 Since this Court has passed aforesaid order/directions without
entering into the merit of the matter, rights and contention of the
respective parties are hereby kept open, which shall be adjudicated
by the Appellate Court/Executing Court, as the case may be.
10. It is needless to observe that the deposit and withdrawal of the
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aforesaid amount by the petitioners and respondent respectively is
without prejudice to their rights and contentions.
11. In view of the foregoing, the present petition is partly allowed
to the aforesaid extent. Rule made is made absolute accordingly.
(MAULIK J.SHELAT,J)
Lalji Desai
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