High Court of Gujarat

M/S CHETAN PHARMA DISTRIBUTORSversusKAMINIBEN BHARATBHAI PATVA

Decided: 17 February 2026
Disposal: 26-DISMISSED @ ADM.STAGE
Bench: C DOSHI

Holding

The petition will be dismissed automatically if the affidavit of direct service is not filed by 16 March 2026; otherwise it will be listed for hearing.

Summary

M/s Chetan Pharma Distributors filed a civil application for condonation of delay against respondents Kaminiben Bharatbhai Patva and others. The applicant was required to file an affidavit of direct service for respondents No.1 to 7, which was not filed. The High Court directed that the affidavit must be filed on or before 16 March 2026, failing which the petition would be dismissed automatically without further order. The Court also ordered that if the affidavit is filed, the matter will be listed for hearing on or before 20 March 2026. No substantive merits of the condonation claim were addressed; the order dealt solely with procedural compliance.

Issues considered

Whether the petition for condonation of delay can proceed in the absence of an affidavit of direct service on the respondents.

Subjects

condonation of delay
service of process
civil procedure
High Court of Gujarat
procedural order

Judgment

         C/CA/4564/2024                                                 ORDER DATED: 17/02/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 4564 of
                               2024

                    In F/CIVIL REVISION APPLICATION/21048/2024

 ==========================================================
                           M/S CHETAN PHARMA DISTRIBUTORS
                                        Versus
                          KAMINIBEN BHARATBHAI PATVA & ORS.
 ==========================================================
 Appearance:
 MR SUREN M SHAH(1118) for the Applicant(s) No. 1
 DS AFF.NOT FILED (N) for the Respondent(s) No. 1,2,3,4,5,6,7
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                         Date : 17/02/2026

                                           ORAL ORDER


       The affidavit of direct service in respect of respondent Nos.1
 to 7 has not been filed. It is hereby directed that if necessary steps
 for service upon respondent Nos.1 to 7 are not taken on or before
 16.03.2026, the petition shall stand dismissed automatically, without
 any further reference to or order from this Court. If the affidavit is
 duly filed, the matter shall be listed on or before 20.03.2026.


                                                                                     (J. C. DOSHI,J)
 MANISH MISHRA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MANISH MISHRA(HC01776), STENO GR II, at High Court of Gujarat on 18/02/2026 10:45:19




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Suren M Shah