High Court of Gujarat
GIRISHKUMAR SHIVANDAS TRIKMANIversusBHARATBHAI ARJANBHAI FALDU PROPRIETOR
- Decided
- Disposal
- 43-DISMISSED FOR DEFAULT @ FH
- Bench
- SANJEEV THAKER
Holding
The appeals are dismissed for want of prosecution.
Summary
Girishkumar Shivandas Trikmani filed three criminal appeals (Nos. 318, 110 and 111 of 2009) against Bharatbhai Arjanbhai Faldu Proprietor and others. The appellant was represented by Mr. M.R. Bukhari, while the respondents' counsel, Mr. Ashish M. Dagli and Mr. Yuvraj Brahmbhatt, did not appear even on the second call and made no request for adjournment. The court was required to consider whether the proceedings could continue in the absence of the respondents. The judge held that, under procedural law, a case may be dismissed when there is a want of prosecution and no party seeks a stay or adjournment. Consequently, the appeals were dismissed for want of prosecution.
Issues considered
- What is the appropriate course of action when the respondents fail to appear and no adjournment is sought?
Subjects
- want of prosecution
- dismissal
- criminal appeal
- procedural default
- non-appearance
Judgment
R/CR.A/318/2009 ORDER DATED: 18/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL NO. 318 of 2009
With
R/CRIMINAL APPEAL NO. 110 of 2009
With
R/CRIMINAL APPEAL NO. 111 of 2009
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GIRISHKUMAR SHIVANDAS TRIKMANI
Versus
BHARATBHAI ARJANBHAI FALDU PROPRIETOR & ANR.
==========================================================
Appearance:
MR. MR BUKHARI(6919) for the Appellant(s) No. 1
BAILABLE WARRANT SERVED for the Opponent(s)/Respondent(s) No. 1
MR ASHISH M DAGLI(2203) for the Opponent(s)/Respondent(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Opponent(s)/Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 18/03/2026
ORAL ORDER
None present even in the second call, nor any
request for adjournment is made.
In view of the same, the matters are dismissed for
want of prosecution.
(SANJEEV J.THAKER,J)
M.H. DAVE
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/03/2026 17:12:42
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