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High Court of Gujarat

VITAL CHUNILAL SHAH ALIAS VARUN CHUNILAL SHAHversusYUVRAJ INDUSTRIES LTD THROUGH CHAIRMAN & MANAGING DI

Disposal
27-WITHDRAWN @ ADM.STAGE

Holding

The appeal was disposed of as not pressed and the trial court was directed to expedite the suit.

Summary

The appeal was filed against Order No. 186 of 2011 in a suit originally instituted in 2007. The appellants, through counsel, withdrew the appeal, stating that they only sought an expedited trial of the pending suit. The respondent had no objection to expediting the suit. The Court clarified that it had not examined the merits of the underlying dispute and directed the trial court to complete the trial preferably by 31 July 2027, provided the parties cooperate. Consequently, the appeal was disposed of as not pressed and all interim reliefs were vacated. All accompanying civil applications were also dismissed.

Issues considered

  • Whether the appeal can be disposed of as not pressed
  • Whether the trial court should be directed to expedite the pending suit

Subjects

appealprocedural lawexpedition of trialcivil procedurenon-pressing of appealinterim relieforder disposal

Judgment

        C/AO/186/2011                             ORDER DATED: 15/06/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/APPEAL FROM ORDER NO. 186 of 2011

                                  With
          CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025
                 In R/APPEAL FROM ORDER NO. 186 of 2011
                                  With
     CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2025
        In CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2025
                 In R/APPEAL FROM ORDER NO. 186 of 2011
                                  With
      CIVIL APPLICATION (FOR SET ASIDE ABATEMENT) NO. 3 of 2025
                 In R/APPEAL FROM ORDER NO. 186 of 2011
==========================================================
       VITAL CHUNILAL SHAH ALIAS VARUN CHUNILAL SHAH & ORS.
                               Versus
     YUVRAJ INDUSTRIES LTD THROUGH CHAIRMAN & MANAGING DI &
                               ORS.
==========================================================
Appearance:
MR PARV S GUPTA(11850) for the Appellant(s) No. 1,2,3,4
MR SP MAJMUDAR(3456) for the Appellant(s) No. 1,2,3,4
MR MIHIR H PATHAK(5261) for the Respondent(s) No. 1
MR NISARG N TRIVEDI(6144) for the Respondent(s) No. 4
MR PR THAKKAR(899) for the Respondent(s) No. 3
==========================================================

 CORAM:HONOURABLE MR. JUSTICE MAULIK J. SHELAT

                              Date : 15/06/2026

                               ORAL ORDER


1.      Heard Mr. S. P. Majmudar, learned Advocate for the

        appellants.


2.      After arguing for some time, under the instructions of his

        client, Mr. Majmudar, learned Advocate for the appellants,

        does not press the present appeal. Nonetheless, Mr. Majmudar,

                                  Page 1 of 2
             C/AO/186/2011                                                                 ORDER DATED: 15/06/2026




              learned Advocate, would request this Court that since the suit

              is of the year 2007, the same may be expedited.


  3.          Per contra, Mr. Mihir Pathak, learned Advocate for the

              respondent No.1, has no objection if the suit can be expedited.


  4.          It is made clear that this Court has neither gone into nor

              examined the merits of the matter. Subject to extending the

              cooperation by the parties to the Trial Court, the suit shall be

              expedited by the Trial Court and if the parties will extend their

              cooperation and support for completion of early trial of the

              suit, the lis shall be adjudicated, preferably on or before

              31.07.2027.


  5.          In view of the aforesaid statement, the present appeal is

              disposed of as not pressed. No order as to costs. Interim relief,

              if any, stands vacated forthwith.


  6.          All civil applications stand disposed of accordingly.



                                                                                            (MAULIK J. SHELAT, J)
  NILESH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR NILESHKUMAR R(HCD0068), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 15/06/2026 16:21:29




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