Authority: High Court of Gujarat, Ahmedabad
Order Date: 11/09/2026
Case Overview
- Parties: Appellant – Torrent Power Ltd (original defendant); Respondents – Jagrutiben Dilipbhai Kadiya & Ors. (plaintiffs).
- Proceedings: First Appeal No. 1995 of 2008 filed against the judgment and decree dated 09/10/2007 passed in Special Civil Suit No. 280 of 1995.
- Trial Court Decree: Partially allowed the suit, directing Torrent Power Ltd to pay Rs 10,00,000 compensation with accrued interest at 9% (compound) from the date of the suit.
- Counsel Positions:
- Mr. Salil Thakore (appellant’s counsel) sought to withdraw the appeal and highlighted an error in granting compound interest, requesting correction.
- Mr. J. F. Mehta (respondent’s counsel) argued that interest should be simple interest and that the trial court’s judgment on this point could be modified.
Final Outcome
- The appeal is disposed of as withdrawn per the appellant’s request.
- The Court modifies the interest component of the decree, ordering that the respondents are entitled to simple interest at the rate originally awarded by the trial court.
- Torrent Power Ltd (appellant) shall deposit the compensation amount together with the recalculated simple interest.
- The respondents (plaintiffs) are permitted to withdraw the entire amount, including interest.
- The modified decree shall be drawn, and any records & papers, if any, are to be sent back to the trial court.
Topics: Legal Dispute, Power Sector